Supreme Court of California
170 P.2d 433 (1946)
Morris Gory (defendant), a prisoner at the Los Angeles County Honor Farm, shared living quarters with approximately 30 other inmates in an open bunkhouse. A small metal box was assigned to each inmate for the purpose of storing toiletries and personal effects. During an inspection check, a guard found loose marijuana inside of Gory’s box which was located at the foot of his bed. Gory denied that the substance was his and no marijuana was found on his person. Gory was charged with “willfully, unlawfully, and feloniously” being in possession of marijuana. At the close of the evidence, the trial judge provided the jury with two instructions that were subsequently withdrawn by the court. The first instruction (#12) required the jury to find beyond a reasonable doubt that Gory “knowingly” had the marijuana in his possession, namely that he exercised dominion and control over the substance. The second instruction (#13) required the jury to find that Gory had a “guilty knowledge” of the nature and character of the substance in his possession and possessed a “guilty intent.” Gory was convicted. Gory’s motion for a new trial was denied. Gory appealed.
Rule of Law
Holding and Reasoning (Spence, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.