Radke v. State

McCALL, Justice.

We granted a writ of certiorari in this case to review a decision of the Court of Criminal Appeals which reversed the judgment of conviction rendered by the circuit court. The only question here is whether or not the State’s quantum of proof as to guilt of illegal possession of marijuana was sufficient to submit that issue to the jury. The appellate court held that the proof was insufficient to let the cause go to the jury, and in reversing the case said:

“ * * * To view the evidence otherwise would condone resort to speculation and surmise rather than to concreté…