STATE v. BURNS

No. 55148.

457 S.W.2d 721 (1970)

STATE of Missouri, Respondent, v. Russell BURNS, Appellant.

Supreme Court of Missouri, Division No. 1.

September 14, 1970.


Attorney(s) appearing for the Case

Robert G. Duncan, Pierce, Duncan, Hill & Russell, Kansas City, for appellant.

John C. Danforth, Atty. Gen., Dale L. Rollings, Asst. Atty. Gen., Jefferson City, for respondent.


SEILER, Presiding Judge.

This is an appeal by defendant from a conviction by a jury of illegal possession of marijuana, with the punishment being assessed at 10 years' imprisonment and sentence imposed accordingly.

The case presents the question of whether in a prosecution under Sec. 195.020, RS Mo 1959, V.A.M.S., for illegal possession of marijuana the state must prove a conscious possession by the defendant and, if so, was there sufficient proof here to...

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