State v. Hankerson, 434 N.E.2d 1362 (Ohio 1982). · Go Syfert
State v. Hankerson, 434 N.E.2d 1362 (Ohio 1982). Cases Citing This Book View Copy Cite
“mere fact that property is located within premises under one's control does not, of itself, constitute constructive possession t must also be shown that the person was conscious of the presence of the object”
1,040 citation events (979 in the last 25 years) across 7 distinct courts.
Strongest positive: State v. Alexander, 90509 (2-12-2009) (ohioctapp, 2009-02-12) · Strongest negative: State v. Frye (ohioctapp, 2018-03-12)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers.
examined Cited "but see" State v. Frye (5×) also: Cited as authority (rule), Cited "see, e.g."
Ohio Ct. App. · 2018 · signal: but see · confidence high
See State v. Wolery , 46 Ohio St.2d 316 , 329, 348 N.E.2d 351 (1976) ("Constructive possession exists when an individual exercises dominion and control over an object, even though that object may not be within his immediate physical possession."); State v. Lilliock , 70 Ohio St.2d 23 , 27, 434 N.E.2d 723 (1982) (" 'Constructive possession exists when an individual exercises dominion and control over an object, even though that object may not be within his immediate physical possession.' "), quoting Wolery at 329, 348 N.E.2d 351 ; State v. Hankerson , 70 Ohio St.2d 87 , 434 N.E.2d 1362 (1982), …
examined Cited as authority (verbatim quote) State v. Alexander, 90509 (2-12-2009)
Ohio Ct. App. · 2009 · signal: see · quote attribution · 1 verbatim quote · confidence high
mere fact that property is located within premises under one's control does not, of itself, constitute constructive possession t must also be shown that the person was conscious of the presence of the object
discussed Cited as authority (rule) State v. McLellan
Ohio Ct. App. · 2026 · confidence medium
“For constructive possession to exist, ‘[i]t must be shown that the person was conscious of the presence of the object.’” Id., quoting State v. Hankerson, 70 Ohio St.2d 87, 91 (1982). {¶33} “[T]he State may prove the existence of the various elements of constructive possession of contraband by circumstantial evidence alone.” Id.
cited Cited as authority (rule) State v. Richardson
Ohio Ct. App. · 2026 · confidence medium
“It must also be shown that the person was conscious of the presence of the object.” State v. Hankerson, 70 Ohio St.2d 87, 91 (1982).
discussed Cited as authority (rule) State v. Stackhouse
Ohio Ct. App. · 2025 · confidence medium
“For constructive possession to exist, ‘[i]t must also be shown that the person was conscious of the presence of the object.’” Id., quoting State v. Hankerson, 70 Ohio St.2d 87, 91 (1982). {¶12} “[T]he State may prove the existence of the various elements of constructive possession of contraband by circumstantial evidence alone.” Id.
discussed Cited as authority (rule) State v. Richardson
Ohio Ct. App. · 2025 · confidence medium
“It must also be shown that the person was conscious of the presence of the object.” State v. Hankerson, 70 Ohio St.2d 87, 91 (1982). {¶52} A conviction for drug possession can be based on circumstantial evidence of possession.
discussed Cited as authority (rule) State v. Nicholson
Ohio Ct. App. · 2025 · confidence medium
“For constructive possession to exist, ‘[i]t must also be shown that the person was conscious of the presence of the object.’” Id., quoting State v. Hankerson, 70 Ohio St.2d 87, 91 (1982). {¶29} “[T]he State may prove the existence of the various elements of constructive possession of contraband by circumstantial evidence alone.” Bustamante at ¶ 25 .
discussed Cited as authority (rule) State v. Tramble
Ohio Ct. App. · 2025 · confidence medium
This court has consistently held that, “‘absent an admission by a defendant, whether there was reasonable cause for a defendant to know if an item was stolen can only be shown by circumstantial evidence.’” State v. Simpson, 2009-Ohio-6301 , ¶ 22 (8th Dist.), quoting State v. Prater, 2002-Ohio-5844 , ¶ 9 (8th Dist.), citing State v. Hankerson, 70 Ohio St.2d 87, 92 (1982).
cited Cited as authority (rule) State v. Williams
Ohio Ct. App. · 2025 · confidence medium
It must also be shown that the person was conscious of the presence of the object.” State v. Hankerson, 70 Ohio St.2d 87, 91 (1982).
discussed Cited as authority (rule) State v. Johnson
Ohio Ct. App. · 2025 · confidence medium
“For constructive possession to exist, ‘[i]t must also be shown that the person was conscious of the presence of the object.’” Id., quoting State v. Hankerson, 70 Ohio St.2d 87, 91 (1982). “‘Joint possession . . . exists when two or more persons together have the ability to control an object, exclusive of others.’” State v. Hudson, 2018-Ohio-133, ¶ 57 (8th Dist.), quoting State v. Smith, 2001 WL 563077 , *3 (8th Dist.
discussed Cited as authority (rule) State v. Spencer
Ohio Ct. App. · 2024 · confidence medium
Possession is often established by circumstantial evidence, State v. Hankerson, 70 Ohio St.2d 87, 92 (1982), and must be determined “from all the attendant facts and circumstances available.” State v. Teamer, 82 Ohio St.3d 490, 492 (1998).
cited Cited as authority (rule) State v. Shaw
Ohio Ct. App. · 2024 · confidence medium
“For constructive possession to exist, ‘[i]t must also be shown that the person was conscious of the presence of the object.’” Id., quoting State v. Hankerson, 70 Ohio St.2d 87, 91 (1982).
discussed Cited as authority (rule) State v. Woods
Ohio Ct. App. · 2024 · confidence medium
“Constructive possession exists when an individual knowingly exercises dominion and control over an object, even though that object may not be within his immediate physical possession.” State v. Smith, 2020- Ohio-5316, ¶ 36, citing State v. Hankerson, 70 Ohio St.2d 87, 91 (1982).
discussed Cited as authority (rule) State v. James (2×)
Ohio Ct. App. · 2024 · confidence medium
John, 2009-Ohio-6248 , ¶ 19 (7th Dist.), quoting State v. Kingsland, 2008-Ohio- 4148, ¶ 13 (4th Dist.) and citing State v. Hankerson, 70 Ohio St.2d 87, 90-91 (1982). {¶25} Appellant claims the state failed to present sufficient evidence of possession in attempting to prove the “have” element.
cited Cited as authority (rule) State v. Ridenbaugh
Ohio Ct. App. · 2024 · confidence medium
State v. Hankerson, 70 Ohio St.2d 87, 91 (1982), certiorari denied, 459 U.S. 870 (1982).
discussed Cited as authority (rule) State v. McFadden
Ohio Ct. App. · 2023 · confidence medium
State v. Hankerson, 70 Ohio St.2d 87, 91 , 434 N.E.2d 1362, 1365 (1982), certiorari denied, 459 U.S. 870 , 103 S.Ct. 155 , 74 L.Ed.2d 130 (1982). {¶28} In Ulster County Court v. Allen, 442 U.S. 140 , 99 S.Ct. 2213 , 60 L.Ed.2d 777 (1979), the United States Supreme Court upheld a statute which provided that the presence in an automobile, other than a public one, of a firearm “is presumptive evidence of its possession by all persons occupying such automobile at the time except (a) where the firearm is found upon the person of an occupant, (b) where the automobile is being operated for hire by…
discussed Cited as authority (rule) State v. Troche
Ohio Ct. App. · 2023 · confidence medium
“For constructive possession to exist, ‘[i]t must be shown that the person was conscious of the presence of the object.’” Id., quoting State v. Hankerson, 70 Ohio St.2d 87, 91 (1982). {¶27} “[T]he State may prove the existence of the various elements of constructive possession of contraband by circumstantial evidence alone.” Id.
discussed Cited as authority (rule) State v. Lucas
Ohio Ct. App. · 2022 · confidence medium
“For constructive possession to exist, ‘[i]t must also be shown that the person was conscious of the presence of the object.’” Id., quoting State v. Hankerson, 70 Ohio St.2d 87, 91 (1982). “[T]he State may prove the existence of the various elements of constructive possession of contraband by circumstantial evidence alone.” Id.
discussed Cited as authority (rule) State v. Dennis
Ohio Ct. App. · 2022 · confidence medium
State v. Hankerson, 70 Ohio St.2d 87, 91 , 434 N.E.2d 1362, 1365 (1982), certiorari denied, 459 U.S. 870 , 103 S.Ct. 155 , 74 L.Ed.2d 130 (1982). {¶46} The statement of facts recited by the state during Dennis’s change of plea hearing establish that a gun box was in plain view when entering the apartment.
discussed Cited as authority (rule) Smith v. Warden, Southeastern Correctional Institution
S.D. Ohio · 2021 · confidence medium
State v. Hankerson, 70 Ohio St.2d 87, 91 , 434 N.E.2d 1362, 1365 (1982), certiorari denied, 459 U.S. 870 , 103 S.Ct. 155 , 74 L.Ed.2d 130 (1982). {¶ 48} Here, the jury heard testimony as set forth above that Appellant possessed the drugs which were found at the premises and that Appellant was living at the premises. {¶ 49} Upon review, we find sufficient evidence was presented to overcome the Crim.R. 29 challenge. {¶ 50} The weight to be given to the evidence and the credibility of the witnesses are issues for the trier of fact, in this case, the jury.
discussed Cited as authority (rule) State v. Jacobs
Ohio Ct. App. · 2021 · confidence medium
State v. Hankerson, 70 Ohio St.2d 87, 91 , 434 N.E.2d 1362, 1365 (1982), certiorari denied, 459 U.S. 870 , 103 S.Ct. 155 , 74 L.Ed.2d 130 (1982). {¶19} In Ulster County Court v. Allen, 442 U.S. 140 , 99 S.Ct. 2213 , 60 L.Ed.2d 777 (1979), the United States Supreme Court upheld a statute which provided that the presence in an automobile, other than a public one, of a firearm “is presumptive evidence of its possession by all persons occupying such automobile at the time except (a) where the firearm is found upon the person of an occupant, (b) where the automobile is being operated for hire by…
cited Cited as authority (rule) State v. Howell
Ohio Ct. App. · 2021 · confidence medium
State v. Hankerson, 70 Ohio St.2d 87, 91 , 434 N.E.2d 1362, 1365 (1982), certiorari denied, 459 U.S. 870 , 103 S.Ct. 155 , 74 L.Ed.2d 130 (1982).
discussed Cited as authority (rule) State v. Eden
Ohio Ct. App. · 2020 · confidence medium
State v. Hankerson, 70 Ohio St.2d 87, 91 , 434 N.E.2d 1362, 1365 (1982), certiorari denied (1982), 459 U.S. 870 , 103 S.Ct. 155 , 74 L.Ed.2d 130 . {¶29} If the state relies on circumstantial evidence to prove an essential element of an offense, it is not necessary for “ ‘such evidence to be irreconcilable with any reasonable theory of innocence in order to support a conviction.’ ” State v. Jenks, 61 Ohio St.3d 259, 272 , 574 N.E.2d 492 (1991), paragraph one of the syllabus, superseded by State constitutional amendment on other grounds as stated in State v. Smith, 80 Ohio St.3d 89 , 10…
discussed Cited as authority (rule) State v. Gross
Ohio Ct. App. · 2019 · confidence medium
State v. Hankerson, 70 Ohio St.2d 87, 91 , 434 N.E.2d 1362, 1365 (1982), certiorari denied (1982), 459 U.S. 870 , 103 S.Ct. 155 , 74 L.Ed.2d 130 . {¶16} If the state relies on circumstantial evidence to prove an essential element of an offense, it is not necessary for “‘such evidence to be irreconcilable with any reasonable theory of innocence in order to support a conviction.’” State v. Jenks, 61 Ohio St.3d 259, 272 , 574 N.E.2d 492 (1991), paragraph one of the syllabus, superseded by State constitutional amendment on other grounds as stated in State v. Smith, 80 Ohio St.3d 89 , 102 …
cited Cited as authority (rule) State v. Tackett
Ohio Ct. App. · 2019 · confidence medium
To prove constructive possession, “[i]t must also be shown that the person was conscious of the presence of the object.” State v. Hankerson, 70 Ohio St.2d 87, 91 (1982).
discussed Cited as authority (rule) State v. Cotton
Ohio Ct. App. · 2019 · confidence medium
State v. Hankerson, 70 Ohio St.2d 87, 91 , 434 N.E.2d 1362, 1365 (1982), certiorari denied (1982), 459 U.S. 870 , 103 S.Ct. 155 , 74 L.Ed.2d 130 . {¶36} If the state relies on circumstantial evidence to prove an essential element of an offense, it is not necessary for “‘such evidence to be irreconcilable with any reasonable theory of innocence in order to support a conviction.’” State v. Jenks, 61 Ohio St. 3d 259, 272 , 574 N.E. 2d 492 (1991) at paragraph one of the syllabus. “‘Circumstantial evidence and direct evidence inherently possess the same probative value [.]’” Jenks,…
discussed Cited as authority (rule) State v. Dodson
Ohio Ct. App. · 2019 · confidence medium
No. 99 CA 2675 (Nov. 6, 2000). {¶ 20} However, " 'the mere fact that property is located within premises under one's control does not, of itself, constitute constructive possession.' " Divens at ¶ 10, quoting State v. Hankerson, 70 Ohio St.2d 87, 91 (1982).
cited Cited as authority (rule) State v. Crawford
Ohio Ct. App. · 2019 · confidence medium
State v. Hankerson, 70 Ohio St.2d 87, 91 , 434 N.E.2d 1362, 1365 (1982), certiorari denied, 459 U.S. 870 , 103 S.Ct. 155 , 74 L.Ed.2d 130 (1982).
discussed Cited as authority (rule) State v. Rogers
Ohio Ct. App. · 2019 · confidence medium
State v. Hankerson, 70 Ohio St.2d 87, 91 , 434 N.E.2d 1362, 1365 (1982), certiorari denied (1982), 459 U.S. 870 , 103 S.Ct. 155 , 74 L.Ed.2d 130 . {¶16} If the state relies on circumstantial evidence to prove an essential element of an offense, it is not necessary for “‘such evidence to be irreconcilable with any reasonable theory of innocence in order to support a conviction.’” State v. Jenks, 61 Ohio St. 3d 259, 272 , 574 N.E. 2d 492 (1991) at paragraph one of the syllabus. “‘Circumstantial evidence and direct evidence inherently possess the same probative value [.]’” Jenks,…
cited Cited as authority (rule) State v. Carpenter
Ohio Ct. App. · 2019 · confidence medium
"For constructive possession to exist, '[i]t must also *871 be shown that the person was conscious of the presence of the object.' " Id. , quoting Hankerson at 91, 434 N.E.2d 1362 .
discussed Cited as authority (rule) State v. Smith
Ohio Ct. App. · 2018 · confidence medium
State v. Hankerson, 70 Ohio St.2d 87, 91 , 434 N.E.2d 1362, 1365 (1982), certiorari denied, 459 U.S. 870 , 103 S.Ct. 155 , 74 L.Ed.2d 130 (1982). {¶48} Here, the jury heard testimony as set forth above that Appellant possessed the drugs which were found at the premises and that Appellant was living at the premises. {¶49} Upon review, we find sufficient evidence was presented to overcome the Crim.R. 29 challenge. {¶50} The weight to be given to the evidence and the credibility of the witnesses are issues for the trier of fact, in this case, the jury.
discussed Cited as authority (rule) State v. Holman
Ohio Ct. App. · 2018 · confidence medium
State v. Hankerson, 70 Ohio St.2d 87, 91 , 434 N.E.2d 1362, 1365 (1982), certiorari denied, 459 U.S. 870 , 103 S.Ct. 155 , 74 L.Ed.2d 130 (1982). {¶26} If the state relies on circumstantial evidence to prove an essential element of an offense, it is not necessary for “such evidence to be irreconcilable with any reasonable theory of innocence in order to support a conviction.” State v. Jenks, 61 Ohio St.3d 259, 272 , 574 N.E. 2d 492 (1991), paragraph one of the syllabus, superseded by State constitutional amendment on other grounds as stated in State v. Smith, 80 Ohio St.3d 89 , 684 N.E.2d…
discussed Cited as authority (rule) State v. Sykes
Ohio Ct. App. · 2018 · confidence medium
Treesh, 90 Ohio St.3d at 485 (circumstantial evidence has the same probative value as direct evidence); Hankerson, 70 Ohio St.2d at 91-92 (at a time when circumstantial evidence had a stricter application).
cited Cited as authority (rule) State v. Meddock
Ohio Ct. App. · 2017 · confidence medium
Gavin, supra ; Hankerson at 91, 434 N.E.2d 1362 ; Kingsland at ¶ 13 .
cited Cited as authority (rule) State v. Colley
Ohio Ct. App. · 2017 · confidence medium
Gavin, supra ; Hankerson at 91, 434 N.E.2d 1362 ; Kingsland at ¶ 13 .
cited Cited as authority (rule) State v. Shelby
Ohio Ct. App. · 2016 · confidence medium
Hankerson at 91, 434 N.E.2d 1362 ; Kingsland at ¶ 13 .
discussed Cited as authority (rule) State v. Klingensmith
Ohio Ct. App. · 2016 · confidence medium
State v. Hankerson, 70 Ohio St.2d 87, 91 , 434 N.E.2d 1362, 1365 (1982), certiorari denied, 459 U.S. 870 , 103 S.Ct. 155 , 74 L.Ed.2d 130 (1982). {¶27} As set forth above, testimony was presented at trial that the substance found on the floor in the lobby of the Country Inn and Suites was cocaine.
cited Cited as authority (rule) State v. Eiler
Ohio Ct. App. · 2016 · confidence medium
State v. Hankerson, 70 Ohio St.2d 87, 91 , 434 N.E.2d 1362, 1365 (1982), certiorari denied, 459 U.S. 870 , 103 S.Ct. 155 , 74 L.Ed.2d 130 (1982).
discussed Cited as authority (rule) State v. Ramsey
Ohio Ct. App. · 2015 · confidence medium
State v. Hankerson, 70 Ohio St.2d 87, 91 , 434 N.E.2d 1362, 1365 (1982), certiorari denied, 459 U.S. 870 , 103 S.Ct. 155 , 74 L.Ed.2d 130 (1982). {¶91} As is stated above, there was testimony at trial that appellant, who was a drug dealer with no job, provided drugs to Michael Ewers, Jessica Fields and others.
discussed Cited as authority (rule) State v. Haas
Ohio Ct. App. · 2014 · confidence medium
State v. Hankerson, 70 Ohio St.2d 87, 91 (1982). {¶60} The Sufficiency of the Evidence Regarding the Illegal Assembly or Possession of Chemicals For the Manufacture of Meth {¶61} Appellant was convicted of two counts of illegal assembly or possession of chemicals for the manufacture of meth.
discussed Cited as authority (rule) State v. Granados
Ohio Ct. App. · 2014 · confidence medium
State v. Hankerson, 70 Ohio St.2d 87, 91 , 434 N.E.2d 1362, 1365 (1982), certiorari denied, 459 U.S. 870 , 103 S.Ct. 155 , 74 L.Ed.2d 130 (1982). {¶26} If the state relies on circumstantial evidence to prove an essential element of an offense, it is not necessary for “such evidence to be irreconcilable with any reasonable theory of innocence in order to support a conviction.” State v. Jenks, 61 Ohio St.3d 259, 272 , 574 N.E. 2d 492 (1991), paragraph one of the syllabus, superseded by State constitutional amendment on other grounds as stated in State v. Smith, 80 Ohio St.3d 89 , 684 N.E.2d…
discussed Cited as authority (rule) State v. Conant
Ohio Ct. App. · 2014 · confidence medium
State v. Hankerson, 70 Ohio St.2d 87, 91 , 434 N.E.2d 1362, 1365 (1982), certiorari denied, 459 U.S. 870 , 103 S.Ct. 155 , 74 L.Ed.2d 130 (1982). {¶31} If the state relies on circumstantial evidence to prove an essential element of an offense, it is not necessary for “such evidence to be irreconcilable with any Richland County, Case No. 13CA55 13 reasonable theory of innocence in order to support a conviction.” State v. Jenks, 61 Ohio St.3d 259, 272 , 574 N.E. 2d 492 (1991), paragraph one of the syllabus, superseded by State constitutional amendment on other grounds as stated in State v. …
discussed Cited as authority (rule) State v. Sherfey
Ohio Ct. App. · 2014 · confidence medium
State v. Hankerson, 70 Ohio St.2d 87, 91 , 434 N.E.2d 1362, 1365 (1982), certiorari denied, 459 U.S. 870 , 103 S.Ct. 155 , 74 L.Ed.2d 130 (1982). {¶35} If the state relies on circumstantial evidence to prove an essential element of an offense, it is not necessary for “such evidence to be irreconcilable with any reasonable theory of innocence in order to support a conviction.” State v. Jenks, 61 Ohio St.3d 259, 272 , 574 N.E. 2d 492 (1991), paragraph one of the syllabus, superseded by State constitutional amendment on other grounds as stated in State v. Smith, 80 Ohio St.3d 89 , 684 N.E.2d…
discussed Cited as authority (rule) State v. Lorenzo
Ohio Ct. App. · 2012 · confidence medium
State v. Hankerson, 70 Ohio St. 2d 87, 91 (1982). “[T]he crucial issue is 9 not whether the accused had actual physical contact with the article concerned, but whether the accused was capable of exercising dominion [and] control over it.” State v. Ruby, 149 Ohio App. 3d 541 , 2002–Ohio–5381, ¶ 30 (citing State v. Brooks, 113 Ohio App. 3d 88, 90 (6th Dist. 1996)).
discussed Cited as authority (rule) State v. Graves (2×) also: Cited "see"
Ohio Ct. App. · 2011 · confidence medium
State v. Hankerson, 70 Ohio St. 2d 87, 91 (1982). “[T]he crucial issue is not whether the accused had actual physical contact with the article concerned, but whether the accused was capable of exercising dominion [and] control over it.” State v. Ruby, 149 Ohio App. 3d 541 , 2002-Ohio-5381 , at ¶30 (citing 7 State v. Brooks, 113 Ohio App. 3d 88, 90 (1996)).
cited Cited as authority (rule) State v. Thomas
Ohio Ct. App. · 1995 · confidence medium
Hankerson, supra, 70 Ohio St.2d at 91, 24 O.O.3d at 157-158, 434 N.E.2d at 1365-1366 .
discussed Cited "see" State v. Smith (2×)
Ohio Ct. App. · 2024 · signal: see · confidence high
See State v. Hankerson, 70 Ohio St.2d 87 , 434 N.E.2d 1362 (1982).
discussed Cited "see" State v. Davis
Ohio Ct. App. · 2022 · signal: see · confidence high
See State v. Hankerson (1982), 70 Ohio St.2d 87 ; Powell, supra; Loper, supra. We also note that when read in their entirety, the jury instructions also established that possession may not be inferred solely from mere access to the substance through ownership or occupation of the property in which the substance is found.
discussed Cited "see" State v. Pendleton (2×)
Ohio Ct. App. · 2018 · signal: see · confidence high
See id. {¶ 37} A person has constructive possession of something if he is aware of its presence and is able to exercise dominion and control over it, “even though [it] may not be within his immediate physical possession.” State v. Hankerson, 70 Ohio St.2d 87 , 434 N.E.2d 1362 (1982), syllabus; State v. Charlton, 2d Dist.
discussed Cited "see" State v. Quick, 2007ca00075 (6-3-2008)
Ohio Ct. App. · 2008 · signal: see · confidence high
See State v. Hankerson (1982), 70 Ohio St.2d 87 , 92 . *Page 7 {¶ 19} With regard to the sufficiency of the evidence, based upon the testimony and evidence presented by the State with regard to the surrounding circumstances that occurred that day, a rational trier of fact could have found that it would have been unreasonable for Appellant to believe the wallet did not contain the stolen credit cards.
The State of Ohio
v.
Hankerson
No. 81-1399.
Ohio Supreme Court.
May 19, 1982.
434 N.E.2d 1362
Mr. Simon L. Leis, Jr., prosecuting attorney, Mr. Christian J. Schaefer and Mr. Leo Hildebrandt, for appellee., Mr. H. Fred Hoefle, for appellants.
Brown, Celebrezze, First, Holmes, Krupansky, Locher, Shannon, Sweeney.
Cited by 543 opinions  |  Published
Sweeney, J.

In State v. Wolery (1976), 46 Ohio St. 2d 316, this court acknowledged the prevailing rule that actual[*91] physical possession of stolen property is not a requisite of the offense of receiving stolen property, but that a conviction may be based on the accused’s constructive possession of the property. Constructive possession exists when an individual exercises dominion and control over an object, even though that object may not be within his immediate physical possession. State v. Wolery, supra.

It is undisputed that Lorette and Joseph Hankerson owned the premises at 5858 Valley View, and had dominion and control of the home, including the second floor room of their son Donald over whom they exercised parental custody, control and responsibility. However, the mere fact that property is located within premises under one’s control does not, of itself, constitute constructive possession. It must also be shown that the person was conscious of the presence of the object. Without this element one could be found to be in illegal possession of stolen property surreptitiously placed in or upon his property by another. State v. Motyka (1973), 11 R.I. 38, 298 A. 2d 793; Amaya v. United States (C.A. 10, 1967), 373 F. 2d 197; Commonwealth v. Davis (1971), 444 Pa. 11, 280 A. 2d 119. See State v. Daugherty (1970), 12 Ariz. App. 366, 470 P. 2d 686.

Indeed, the Court of Appeals recognized, sub silentio, that constructive possession requires a showing of conscious possession, by including in its analysis a discussion of whether the appellants had knowledge that the subject property was on the premises. The court concluded that in light of the police testimony that the speakers and turntable were not hidden, were in plain view in Donald’s room, were large and bulky, and were connected and operable, the court as trier of fact could infer from the appellants’ ownership, dominion and control of the premises, and the facts of normal family home occupancy, that the appellants had knowledge that the subject property was in the second floor room. The appellants contend before this court that, to the contrary, this evidence is insufficient to support a finding beyond a reasonable doubt that they had actual knowledge their son had secreted stolen property in the home.

A fact may be proved to a moral certainty by circumstantial evidence as well as direct evidence. State v. Nevius (1947),[*92] 147 Ohio St. 263; State v. Graven (1978), 54 Ohio St. 2d 114, 118. As noted in the Graven case, certain elements of certain crimes can only be proved by circumstantial evidence, absent an admission by the accused. One such element is that of knowledge of the presence of stolen property where the crime of receiving stolen property is asserted on the basis of the accused’s constructive possession. Circumstantial evidence, however, must do more than raise a strong presumption of guilt in order to support a conviction. In order to prove an essential element of a crime the circumstantial evidence must be irreconcilable with any reasonable theory of the accused’s innocence. State v. Kulig (1974), 37 Ohio St. 2d 157; State v. Graven, supra, at page 118; State v. Goodin (1978), 56 Ohio St. 2d 438, paragraph one of the syllabus. Whether a theory of innocence is reasonable must be determined in view of the weight and credibility that the fact finder gives the evidence, and an appellate court can reverse a conviction based in part on circumstantial evidence .only where the evidence is insufficient as a matter of law to enable the fact finder to exclude a reasonable hypothesis of innocence. State v. Sheppard (1956), 165 Ohio St. 293; State v. Graven, supra, at page 119.

In light of these guidelines let us assume, arguendo, that the court as fact finder rejected the testimony of all the defense witnesses believing it not to be credible, but accepted completely the testimony of the prosecution witnesses. In such a case the'fact finder would have before it evidence that stolen speakers and a turntable were overtly displayed in an upstairs bedroom occupied by the appellants’ minor son who was also a thief. The appellants’ home, including the son’s bedroom, contained more than the usual amount of electronic equipment including numerous stereos, televisions and radios. Three of those articles were identified as stolen. Those three articles included two large stereo speakers approximately 30 inches high and weighing approximately 30-40 pounds. The defendants had been informed in the summer of 1979, and again on December 27, 1979, that various neighbors believed their son to be a neighborhood thief. During the December 27 conversation Mrs. Hankerson stated that she would check Donald’s room for suspicious property. Additionally, Mrs. Hankerson[*93] stated during the course of the search of her home by police “[w]e bought this stuff * * * and you can’t prove we didn’t.”

The determinative issue is whether this evidence is sufficient to support a finding beyond a reasonable doubt that the appellants had knowledge that the two stolen stereo speakers and the stolen property were in their home, and that they thus had constructive possession of it. We hold that it is.

Joseph Hankerson admitted that his son could not afford stereo speakers the size of the stolen speakers found in Donald’s room. This fact, in combination with Donald’s arrest record and his parents’ knowledge that Donald was rumored in the neighborhood to be a thief, is more than sufficient to enable the trier of fact to conclude that appellants had knowledge of and reason to believe that the stereo equipment found in Donald’s room was stolen.

Although a closer question, we also believe that the evidence was sufficient to support, beyond a reasonable doubt, the conclusion that appellants knew that Donald had brought stolen property into the family home. Along with the circumstances noted by the Court of Appeals, the record reflects the following testimony of Officer Beebe:

“Q. Now, did you ask Mrs. Hankerson about any of these items?
“A. When I first walked into the room, Mr. and Mrs. Hankerson was downstairs. When I first walked into the room, I observed the speakers and all.
“Q. You’re talking about the bedroom?
“A. That’s correct, and all the stereo equipment. I looked at the speakers. I looked at all the other stuff. I said to one of the other policemen, ‘Should we take all the other stuff, too?’ Mrs. Hankerson come up the stairs and said, ‘We bought this stuff for our son and you can’t prove we didn’t.’ ” (Emphasis added.)

Mrs. Hankerson’s comment, made upon the initial entry of the police into Donald’s room, is clearly indicative of her knowledge that the room contained property which might be considered suspect by the police. There was sufficient evidence to enable the fact finder to conclude that appellants knew stolen property was in the home.

The state not having cross-appealed the Court of Appeals’[*94] holding that the two counts of the indictment were offenses of similar import, the judgment of the Court of Appeals is affirmed.

Judgment affirmed.

Shannon, Locher, Holmes and Krupansky, JJ., concur. W. Brown, Acting C. J., and ©. Brown, J., dissent. Shannon, J., of the First Appellate District, sitting for Celebrezze, C. J.