Henry v. State

Decision Date27 April 1967
Docket NumberNo. 5229,5229
Citation83 Nev. 194,426 P.2d 791
PartiesAlton Clarence HENRY, Appellant, v. The STATE of Nevada, Respondent.
CourtNevada Supreme Court
OPINION

PER CURIAM:

The sole issue on appeal is whether the evidence was sufficient to sustain Henry's conviction for the illegal possession of a hypodermic syringe and needle for the purpose of administering subcutaneously habitforming drugs to a human being in violation of NRS 453.125.

The defendant, Henry, contends that since the syringe and needle were found in his companion's purse there was not substantial evidence to show his possession at the time of his arrest.

The evidence shows that Henry and his girl friend lived together for a period of time at the place of arrest. Law officers testified that they observed the couple administer drugs to each other by means of a syringe and needle approximately two hours prior to the arrest. When the officers under the authority of a search warrant entered the premises, Henry and the woman were on the bed. The woman's purse containing the syringe and needle was on a table near the bed.

Such evidence substantiates the State's contention that Henry was in joint possession of the syringe and needle when they were found by the officers. See Williams v. People, 136 Colo. 164, 315 P.2d 189 (1957); People v. MacArthur, 126 Cal.App.2d 232, 271 P.2d 914 ( 1954); Gonzales v. People, 128 Colo. 522, 264 P.2d 508 (1953); People v. Basco, 121 Cal.App.2d 794, 264 P.2d 88 (1953); State v. Chin Gim, 47 Nev. 431, 224 P. 798 (1924). Where there is substantial evidence to support a verdict in a criminal case, the reviewing court will not disturb the verdict nor set aside the judgment. Terrano v. State, 59 Nev. 247, 91 P.2d 67 (1939). 1

Affirmed.

1 The cases of Terrano v. State, supra, and State v. Chin Gim, supra, have been overruled as to other legal conclusions not in issue here. Whitley v. State, 79 Nev. 406, 386 P.2d 93, at Footnote 5 (1963).

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5 cases
  • Williams v. State
    • United States
    • Nevada Supreme Court
    • 14 d5 Maio d5 1971
    ...P.2d 151 (1969); Criswell v. State, 84 Nev. 459, 443 P.2d 552 (1968); Crowe v. State, 84 Nev. 358, 441 P.2d 90 (1968); Henry v. State, 83 Nev. 194, 426 P.2d 791 (1967); Graftenreed v. State, 484 P.2d 720 (Nevada Supreme Court, filed May 13, To restate the evidence contained in this record w......
  • Graftenreed v. State
    • United States
    • Nevada Supreme Court
    • 13 d4 Maio d4 1971
    ...761, 771 (1954); Pinana v. State, 76 Nev. 274, 352 P.2d 824 (1960); Polito v. State, 71 Nev. 135, 282 P.2d 801 (1955); Henry v. State, 83 Nev. 194, 426 P.2d 791 (1967); Crowe v. State, 84 Nev. 358, 441 P.2d 90 (1968); Cross v. State, 85 Nev. 580, 460 P.2d 151 (1969); McGuire v. State, 86 Ne......
  • Stamps v. State
    • United States
    • Nevada Supreme Court
    • 23 d2 Maio d2 1967
    ...constructive possession to Stamps than we did for attributing joint possession of a syringe and needle to the appellant in Henry v. State, 83 Nev. ---, 426 P.2d 791 (decided April 27, The final asserted grounds for error concern the prosecutor's having asked appellant whether he had been ar......
  • Tellis v. State, 5859
    • United States
    • Nevada Supreme Court
    • 15 d1 Dezembro d1 1969
    ...P.2d 151 (1969); Criswell v. State, 84 Nev. 459, 443 P.2d 552 (1968); Crowe v. State, 84 Nev. 358, 441 P.2d 90 (1968); Henry v. State, 83 Nev. 194, 426 P.2d 791 (1967). Tellis and a codefendant, James Eason, were charged by Information with burglarizing the Weiss Liquor Store in Clark Count......
  • Request a trial to view additional results

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