People v. Edwards

Defendant was convicted, after jury trial, of unlawful use of a weapon by a felon when he threw a gun from a moving car while trying to evade police. Court erred in responding to a jury question about definition of possession by giving a constructive possession instruction, by introducing a new theory to the jury. Error was harmless, as it could not have contributed to Defendant's conviction where there was no evidence that Defendant lacked actual possession over the gun. Defendant did not deny that he tossed that gun out the window of his car that day, and this is actual possession, or "exercising dominion" over an object.  (MIKVA and CONNORS, concurring.)