State v. Warden

This is an appeal from a judgment of conviction of possession of a controlled substance (marijuana). Although the principal issue posited on appeal by both appellant and respondent was the admission of certain evidence resulting from an allegedly illegal search and seizure, we do not reach that issue. Appellant also argues the insufficiency of the evidence to sustain the conviction. We agree and therefore reverse.

Since our holding is based upon the insufficiency of the evidence to sustain conviction, the evidence must be reviewed at some length. Defendant-appellant Warden was arrested…