State v. Schwartzenberger

Barnett, J. † —

The defendant Sehwartzenberger and one Robert Crites were charged jointly with unlawful posses sion of narcotics, namely, marijuana. They both pled not guilty, waived their right to a jury trial and were tried by the court sitting without a jury. Schwartzenberger was convicted as charged and the charge against Crites was dismissed. From the judgment of conviction Schwartzenberger appeals.

The court made the following findings of fact:

It is undisputed that the defendant Daniel R. Schwartzenberger together with the co-defendant Robert Crites entered the Rainbow Cafe on the 2nd day…