Too many inferences for a conviction
Evidence suggesting that defendant lived at a mobile home, at some time around when somebody cultivated marijuana nearby, does not show that defendant cultivated the marijuana. “To first draw an inference that [d]efendant was living at the mobile home at the time of the search, and from that inference, draw an additional inference that it was [d]efendant who was growing the marijuana plants is simply too tenuous, improperly ‘building inference upon inference.’” Conviction reversed and remanded for acquittal and discharge.
STATE OF MISSOURI, Plaintiff-Respondent v. DANIEL A. BURPO, Defendant-Appellant
Missouri Court of Appeals, Southern District – SD37563