State of New Jersey, Plaintiff-Respondent v. Robert G. Schmidt, Defendant-Appellant

Summary

The Supreme Court of New Jersey held that a criminal conviction cannot be sustained on a theory of liability that was not presented to the jury, reversing the Appellate Division's affirmation of the possession convictions and remanding for resentencing on the conspiracy conviction. The Court emphasized the Sixth Amendment right to a jury trial, and noted that its discussion of constructive possession was obiter. Justice Stein dissented, arguing that the evidence supported a constructive possession theory and that the convictions should be affirmed.