Legal Opinion

Payne v. United States

District of Columbia Court of Appeals

Decided August 25, 1972No. 6095PublishedCited by 13 opinions

1Opinion of the Court

REILLY, Chief Judge:

This is an appeal from a conviction on a charge of possessing marijuana in violation of D.C.Code 1967, § 33-402. Appellant waived a jury, and at the end of the Government’s case moved for a judgment of acquittal which was denied. The only question before this court is whether sufficient evidence had been adduced to justify this ruling.

The principal witness for the Government was a park policeman whose testimony may be summarized as follows:

While on duty one night last summer in an outdoor amphitheater in Rock Creek Park, he smelled what he thought was marijuana and…

2Cases cited8 opinions

  1. Curley v. United StatesCourt of Appeals for the D.C. Circuit · 1947
  2. Pelham v. StateCourt of Criminal Appeals of Texas · 1957
  3. Edelin v. United StatesDistrict of Columbia Court of Appeals · 1967
  4. Greer v. StateCourt of Criminal Appeals of Texas · 1956
  5. People v. PippinAppellate Division of the Supreme Court of the State of New York · 1962

3 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Franey v. United StatesDistrict of Columbia Court of Appeals · 1978
  2. United States v. Donald Earl SpannCourt of Appeals for the Tenth Circuit · 1975
  3. Wishop v. United StatesDistrict of Columbia Court of Appeals · 1987
  4. Blakeney v. United StatesDistrict of Columbia Court of Appeals · 1976
  5. Thomas v. United StatesDistrict of Columbia Court of Appeals · 1994

8 more not listed; retrieve them via the Exa API.

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