State v. Burns

SEILER, Presiding Judge.

This is an appeal by defendant from a conviction by a jury of illegal possession of marijuana, with the punishment being assessed at 10 years’ imprisonment and sentence imposed accordingly.

The case presents the question of whether in a prosecution under Sec. 195.020, RS Mo 1959, V.A.M.S., for illegal possession of marijuana the state must prove a conscious possession by the defendant and, if so, was there sufficient proof here to make a submissible issue for the jury.

On Saturday afternoon, February 15, 1969, employees at the R.E.A. Air Express office at the Municipal…