Kissic v. State

JAMES H. FAULKNER, Retired Justice.

Judi Kissic was indicted for the offense of possession of marijuana in the first degree, in violation of § 13A-12-213(a)(l), Code of Alabama 1975. The jury found Kissic guilty as charged in the indictment, and she was sentenced to 10 years’ imprisonment. Two issues are raised on appeal.

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Kissic contends that her motion for judgment of acquittal should have been granted because the State did not prove the corpus delicti or her knowledge of the presence of marijuana.

The appropriate test to be applied to determine if a prima facie case has been made is “whether…