People v. Theel

delivered the' opinion of the Court.

Defendant Theel was found guilty by a jury of unlawful possession of marijuana. His motion for judgment of acquittal on the ground of insufficiency of the evidence was denied. On appeal, the defendant argues that, as a matter of law, the evidence was insufficient. We agree and therefore reverse the judgment.

Defendant was arrested for hitchhiking by an officer of the State Patrol. He was thereupon taken to the sheriffs office where another officer required the defendant to remove personal items from his pockets and place them on a counter. Among the items…