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Porter v. State

580 So. 2d 823 (1990)

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Porter v. State

Alabama Court of Criminal Appeals

580 So. 2d 823 (1990)

Facts

Charlotte Porter (defendant) and her husband, Darrell Porter, were jointly indicted for possession of cocaine but tried separately. Officers had discovered a plastic bag of cocaine on a shelf in Charlotte’s bedroom closet, as well as evidence that cocaine was being sold from her premises. At the time, Charlotte was separated from Darrell. Charlotte lived alone at her residence, although Darrell paid the rent. At trial, upon being asked whether the cocaine belonged to him, Darrell invoked his rights under the Fifth Amendment. Charlotte was convicted. Charlotte thereafter appealed, arguing that the trial court erred by instructing the jury that she could be convicted of accomplice liability for failing to prevent the commission of an offense if she had a legal duty to do so.

Rule of Law

Issue

Holding and Reasoning (Patterson, J.)

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