State v. Vogel ( 1982 )

FOSHEIM, Justice

(dissenting).

I dissent because the majority has failed to establish that there was sufficient evidence before the jury to sustain the defendant’s conviction. The majority is correct that mere presence at the scene of a crime is insufficient evidence of guilt but that the combination of presence with other facts and circumstances may establish guilt. However, the majority’s list of facts and circumstances which it states support the defendant’s guilt when combined with the element of presence fails to establish that required additional evidence of guilt.

The defendant’s possession of a lower grade of marijuana than found in the farmhouse and the defendant’s reasons for being in the area are irrelevant to the question of whether he was guilty of possession of marijuana of the grade found in the farmhouse.

The fact that the defendant smoked Turkish Oval cigarettes, that a Turkish Oval butt with defendant’s type saliva was found in the farmhouse, that the defendant’s clothes were dirty, that defendant’s car was parked near the farmhouse, and that defendant appeared outside the farmhouse when the police called for Larry are facts which do nothing more than establish the defendant’s presence at the farmhouse, which is admittedly inadequate.