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STATE v. ALLBAUGH

No. 88-0835-CR.

148 Wis.2d 807 (1989)

436 N.W.2d 898

STATE of Wisconsin, Plaintiff-Respondent v. Newell M. ALLBAUGH, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided January 19, 1989.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Kenneth P. Casey, assistant state public defender.

For the plaintiff-respondent the cause was submitted on the brief of Donald J. Hanaway, attorney general, and James M. Freimuth, assistant attorney general.

Before Gartzke, P.J., Dykman and Eich, JJ.

EICH, J.

Newell M. Allbaugh appeals his conviction for possession of controlled substances with intent to deliver, in violation of sec. 161.41(1m), Stats. The issue is whether the evidence was sufficient to convict—specifically, whether there was adequate evidence to support a jury finding that Allbaugh "possessed" the substances within the meaning of the statute. We conclude that the evidence was sufficient and affirm the conviction.

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