People v. Gory

During an inspection at the Los Angeles County Honor Farm, a guard found loose marijuana in a metal storage box assigned to Gory (defendant) at the foot of his bed in a shared open bunkhouse housing roughly 30 inmates; Gory denied the marijuana was his, and none was found on his person. The trial court initially prepared two jury instructions — one requiring the jury find Gory "knowingly" possessed the marijuana (exercising dominion and control), and another requiring a finding of "guilty knowledge" of the substance's nature and "guilty intent" — but ultimately withdrew both before Gory's conviction; he appealed after his motion for a new trial was denied.