People v. Weisenberger

Appellant, Stanley Weisenberger, was convicted by a jury in the district court of Montrose County of possession of marijuana. We reverse the conviction.

During the afternoon of January 25, 1971, Sheriff Gilmore of Montrose County and four other officers went to the farm of appellant, armed with a warrant which authorized the search of the “Residence of Stanley Weisenberger, Olathe, Colorado.” The warrant was served upon appellant and, while Sheriff Gilmore and two of the officers searched appellant’s house, Undersheriff Weiszbrod and another officer searched some outbuildings, including a…