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State Courts -
Delaware - August 15 - August 17, 2007
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White v. State, No. 111, 2007,
SUPREME COURT OF DELAWARE, August 15, 2007, Decided
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Overview: Because defendant knowingly used an apartment to keep marijuana next to his side of the bed, he constructively possessed the drug; the possession conviction was not a lesser-included offense of maintaining a dwelling because, pursuant to Del. Code Ann. tit. 16, ¿¿ 4754(b), 4755(a)(5), the offenses were dissimilar and punished different behaviors.
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