Donovan v. State

This is an appeal from a conviction of the unlawful possession of marijuana and a two year sentence.

This case was tried before a judge sitting without a jury and the facts were stipulated. On December 30, 1976, officers of the Birmingham Police Department, armed with a search warrant, entered Compartment E-28 at the Lock-it and Pocket Warehouse in Birmingham, Alabama. Inside they found 117.32 pounds of marijuana. This compartment was rented by the appellant who was arrested that same day. In his possession was a key which fit the lock on this compartment.

The only question raised on appeal is…