Konold v. Sheriff

*290OPINION

Kenneth Wayne Konold, a guest in the residence of another person, was ordered to stand trial for possession of marijuana on the basis of a small quantity of marijuana residue found in a pipe [porcelain smoking device] seized from the room where Konold and others were arrested.1 There was also testimony of a “pungent order” in the room, however, that phrase was neither defined nor explained.

Konold petitioned for a writ of habeas corpus contending the recited facts did not support the charge. Habeas was denied and in this appeal Konold contends the district judge should have granted…