State v. Revelle

I respectfully dissent. The conviction should be reversed and defendant discharged.

There was no evidence of a conspiracy, let alone evidence that might allow a jury to find such beyond a reasonable doubt. The principal opinion notes there was evidence that defendant had sold marijuana and that those he purchased from may have understood he would sell it. Also, he purchased marijuana frequently in amounts indicating it was more than for his personal use.

An agreement to sell was required by § 564.016.1, RSMo 1986. It states:

Conspiracy. — 1. A person is guilty of conspiracy with another person…