State v. Davis

Defendant appeals from a judgment of conviction for unlawful possession of marijuana and for unlawful possession with intent to sell marijuana. Two issues are raised. First, whether it was the duty of the trial court to resolve disputed questions of fact in determining the admissibility of evidence at the Rasmussen hearing. We hold that it was the court's duty. Second, whether the closing argument of the prosecutor constituted misconduct requiring a new trial. We hold that it was improper.

1. The marijuana which was here seized was found in the saddlebag of a bicycle which defendant was riding…