Brief

State V. dun, 709 P.2d 316. (1985) Supreme Court of Utah FACTS:1. Defendants (D.) Gary and Clive flurry were convicted of temperance with the intent to impart and production of a tick offled warmness in violation of U.C.A., 1953 § 58-37-8(1)(a)(ii). 2. The Supreme Court of Utah affirms the conviction of (D.) Gary Fox and reverse the conviction of (D.) Clive Fox. 3. No other court legal proceeding apparent from text. 4. (D.) appeal their gaffe due to in fitted evidence. 5. In 1983, an anonymous person reported a 7-foot tall hempen necktie plant at the residence of Gary and Clive Fox. QUESTIONS OF LAW: 1. (D.) Knowingly and intentionally possessed a controlled core group and (D.) intended to break down the controlled substance to another. U.C.A., 1953, § 58-37-8(1)(a)(ii). 2. Should the (D.) Clive is charged with the same laws in question since Gary owned the house. HOLDINGS:1. Yes 2. Yes end: The majority opinion of t he court was written by justness Stewart. Justice Durham and Zimmerman held the conviction of Gary Fox. Gary owned the property, at which the hempen necktie was bring. His occupancy was present and his personal effects were tack together in the same room as marijuana, drug paraphernalia, and a control entitled Marijuana Growers Guide.

Furthermore, there was qualified evidence that Gary Fox intended to distribute marijuana. Police found more than 2,500 mature marijuana plants on Garys property, an come that is unquestionably too large for personal use. However, in the moorage of Clive Fox, there is no evi dence that he had intent to get hold or po! sses the marijuana in the greenhouses, on the property of Gary Fox. piece he may have had knowledge of the existence of marijuana on the premises, that is not the equivalent of constructive possession. Clive was charged with wittingly and intentionally possessed a controlled substance and intended to distribute the controlled substance to another. U.C.A., 1953, § 58-37-8(1)(a)(ii)....If you want to get a full essay, crease it on our website: BestEssayCheap.com

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