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Criminal Law Keyed to Weaver
People v. Gory
Citation:
28 Cal.2d 450, 170 P.2d 433 (1946)Facts
Gory was a prisoner at the Los Angeles County Honor Farm. He shared his living quarters with thirty or so other prisoners. Each prisoner received a metal box to place their toiletries and a few small personal belongings in. The boxes did not have locks and they were to be placed near the prisoner’s bed. During the course of the day one man was left in charge to make sure nobody tampered with other prisoners’ boxes while the prisoners were engaged in activities on the farm. One day officers entered the living quarters and started searching boxes, they found marijuana in Gory’s box and the officer told Gory it was Gory’s marijuana and wanted to know where Gory got it.
At trial two jury instructions were withdrawn from being given to the jury. The first instruction was regarding the fact that the jury would have to be convinced beyond a reasonable doubt that Gory had knowledge of the possession, and that possession includes the exercise of dominion and control over the object. The second instruction stated that the jury must also be convinced beyond a reasonable doubt that Gory had to have a guilty knowledge of the character and possession of the marijuana.
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Topic Resources
Topic Outline
Elements of a CrimeTopic Refresher Course
Elements of a Crime: Actus Reus