State v. Fox
Utah Supreme Court
709 P.2d 316 (1985)
- Written by Rich Walter, JD
Facts
Police found 2,850 marijuana plants growing in two greenhouses on a residential property. Over three years, neighbors saw Gary Fox and Clive Fox (defendants) on the property, though both Gary and Clive were absent at the time of the search, and no one was sure that either Gary or Clive actually lived there. Gary owned the property. Clive received his mail at the house and the house's telephone service was in his name. One of the greenhouses was only accessible from the kitchen, where police found stocked food, dirty dishes, and a bag of harvested marijuana. Police also found men's clothing, unmade beds, and drug paraphernalia in the bedrooms. One of the bedrooms contained Gary's personal effects and a marijuana grower's manual. The other bedroom contained Clive's personal effects. The State of Utah (plaintiff) prosecuted Gary and Clive for possession with intent to distribute a controlled substance. The jury convicted both men, and they appealed to the Supreme Court of Utah, claiming that the evidence was insufficient to support their convictions.
Rule of Law
Issue
Holding and Reasoning (Stewart, J.)
Dissent (Hall, J.)
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