Under the law does the prosecution have to show the defendant had possession of the stolen stuff? People v. williams (1992) 9 cal.App. 4th 1465,1472 [12 cal. Rptr. 2d 243]
Answer
No possession may be either actual or constructive. Two or more people may possess an item but at any one moment only one of the possessors may have actual possession. Others may have constructive possession.
Answer
People v. Williams was a grand theft case. The defendant had been convicted of stealing a purse from the person of his victim (which is a more serious crime than it would have been if the purse had not been on her person), but it was on the victim's car seat and not physically touching her. The question was whether there was enough evidence the *victim* had the purse on her person at the time of the theft. The Court of Appeal said there was not. That is a different question from whether the *defendant* possessed it after the theft.
Answer
With respect to what underlying charge?
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