State v. McAuliffe

CARSON, Judge.

Prior to the commencement of the trial, the defendant moved to quash the bill of indictment on the grounds that the presumption that possession of more than five grams of marijuana is possession for the purpose of sale, is unconstitutional. The denial of this motion to quash constitutes his first assignment of error. This assignment of error is without merit. Presumptions are lawful as long as there is a rational connection between the fact to be proved and the facts which create this foundation. Barnes v. United States, 412 U.S. 837, 93 S.Ct. 2357, 37 L.ed. 2d 380 (1973) ;…