Mulligan v. State

Each of the defendants named above was charged in district court with unlawful possession of a controlled substance (marihuana). The two cases were tried together, to the court without a jury. Both defendants were found guilty by the trial judge and given sentences. Both have appealed and their appeals are considered together.

The question we are concerned with is whether there was sufficient evidence for the conviction of defendants. It is apparent from the record that the trial judge had misgivings about his finding of guilt. In announcing his decision he stated the law in his opinion would…