[DOWNLOAD] "Juliano v. Abeles" by New Jersey Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Juliano v. Abeles
- Author : New Jersey Supreme Court
- Release Date : January 16, 1935
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
The defendant stands convicted of conspiracy to distribute cocaine. The central question in his appeal is whether an appellate court may use that conspiracy conviction as the theory for sustaining a substantive conviction of possession of the drugs without submitting that theory to the jury. The case concerns the criminal liability of defendant as the alleged leader of an operation that transported cocaine from Florida to New York. New Jersey police seized the contraband pursuant to a lawful search of a car traveling on the New Jersey Turnpike. Defendant, who was in New York at the time of these events, was charged with criminal possession of the cocaine and with conspiracy to distribute this controlled dangerous substance, and/or to possess it with the intent to distribute. The prosecuting authority had at least three available theories to establish defendants liability for criminal possession of the narcotics: (I) liability as a principal under the theory of constructive possession; (II) vicarious liability as an accomplice under N.J.S.A. 2C:2-6b(3) for the conduct of the actual possessors; or (III) vicarious liability as a conspirator under N.J.S.A. 2C:2-6b(4) for the conduct of the actual possessors.