Legal Question in Criminal Law in Ohio

jury instructions and possible verdicts for a possession charge

From what I understand, there are two sets of instructions pertaining to actual v. constructive possession that a judge may read to the jury before they deliberate. Is it true that the judge is only supposed to read one set of those instructions, and not both, to the jury? Furthermore, may a jury simply come back with a verdict of guilty of possession when they have been instructed to arrive at a verdict of innocence or guilt of actual possession OR constructive possession?


Asked on 5/11/07, 3:02 am

1 Answer from Attorneys
Edward DiCato Edward DiCato Attorney at Law

Re: jury instructions and possible verdicts for a possession charge

Seems to me that both instructions would be read since they both establish possession. Also, if they established one or the other then they would simply come back with guilty on that element. (possession).

Read more
Answered on 5/11/07, 6:12 am


Related Questions & Answers

More Criminal Law questions and answers in Ohio