State v. Cann

I respectfully dissent from the conclusion of my distinguished colleagues that the State met its burden of proof under LRS 15:271, 438, and Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979) of excluding the equally reasonable hypothesis that Donells Cann did not know that the saddlebag contained marijuana when he delivered it to the boy.

Viewed in the light most favorable to the prosecution, the State’s proof of knowledge at the time of the transfer is essentially limited to Donells’ borrowing the motorcycle, giving $10 to the boy to take the saddlebag to a location near…