STATE v. RUDD

No. 88-1497.

454 N.W.2d 570 (1990)

STATE of Iowa, Appellee, v. Tawniece Kim RUDD, Appellant.

Supreme Court of Iowa.

Rehearing Denied May 23, 1990.


Attorney(s) appearing for the Case

John O. Moeller, Davenport, for appellant.

Thomas J. Miller, Atty. Gen., Mark Joel Zbieroski, Asst. Atty. Gen., William E. Davis, County Atty., and Mary Howes-Davis, Asst. County Atty., for appellee.

Considered by HARRIS, P.J., and SCHULTZ, CARTER, SNELL, and ANDREASEN, JJ.


HARRIS, Justice.

Defendant Tawniece Kim Rudd was convicted on two counts of simple possession of a controlled substance (heroin and cocaine) in violation of Iowa Code section 204.401(3) (1987). The two questions raised in her appeal concern the State's claim that she had constructive possession of the substances. First, was there sufficient evidence to make out a jury question on the issue? Second, was the jury properly instructed on the question? We think the answer...

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