PEOPLE V. GORY
170 P.2d 433 (1946)
NATURE OF THE CASE: This was an appeal from an order denying a new trial.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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