Legal Opinion

State v. Berry

Missouri Court of Appeals

Decided December 11, 1972No. KCD26094PublishedCited by 15 opinions

1Opinion of the Court

J. DONALD MURPHY, Special Judge.

The appellant, Mary Berry, was found guilty of unlawfully and knowingly having in her possession and under her control a quantity of marijuana and was sentenced to the custody of the Department of Corrections for a term of four years. Appellant challenges the sufficiency of the evidence, which was wholly circumstantial, to sustain the conviction.

We conclude that there was no substantial evidence that the appellant knowingly possessed and had under her control the marijuana in question and that the judgment should be reversed.

The facts are largely undisputed.…

2Cases cited5 opinions

  1. State v. BurnsSupreme Court of Missouri · 1970
  2. State v. IrbySupreme Court of Missouri · 1968
  3. State v. YoungSupreme Court of Missouri · 1968
  4. State v. WalkerSupreme Court of Missouri · 1963
  5. State v. WorleySupreme Court of Missouri · 1964

3Cited by15 opinions

  1. State v. PolkMissouri Court of Appeals · 1975
  2. State v. BowyerMissouri Court of Appeals · 1985
  3. Valerio v. StateWyoming Supreme Court · 1974
  4. State v. LewisMissouri Court of Appeals · 1975
  5. State v. StewartMissouri Court of Appeals · 1976

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