Manning v. State
In Manning v. State, 330 Ark. 699, 956 S.W.2d 184 (1997), the defendant was charged with the simultaneous possession of drugs and firearms. He contended that "the location of the gun is key and that the firearm must be within the defendant's reach to sustain such charge." Id. at 701, 956 S.W.2d at 186.
The trial court noted that "it is inconceivable that the defendant would not be guilty if he was in the kitchen but guilty if he was in the bedroom." Id. The supreme court agreed with the trial court and concluded that Ark. Code Ann. section 5-74-106(d)(Repl. 1997), under which the Manning defendant was charged, should not be interpreted to support a defense based on where the gun is located in the house. Id. at 704, 956 S.W.2d at 187.