People v. Gory

170 P.2d 433 (1946)

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Nature of the Case

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Facts

At the time of the alleged possession of marijuana, D was a prisoner at the L.A. Honor Farm. He shared living quarters with 30 some prisoners in camp bunkhouses. Part of his issue was a metal box to hold toilet articles and personal effects. There was no way of locking these boxes, and each box was placed on the floor near the head of the bed. One inmate kept a daily watch to stop any kind of theft of personal items. Corrections officers searched the boxes and found marijuana scattered from the top down to the bottom of D's box. An examination of D's pockets revealed no residue. D refused to talk when questioned on the spot. During trial, D claimed that he had never seen the marijuana before. The trial court instructed the jury that D must knowingly have such objects in his possession based on a statute that called for willfully, unlawfully, and feloniously having marijuana in his possession. The trial court also instructed that D must have a guilty knowledge of the contraband and a guilty intent and that if he had no guilty knowledge then there must be an acquittal. The trial court then withdrew the instructions. D was convicted and appealed.