What is the evidence supporting the possession of heroin and possession of marijuana in the same closet?

California, United States of America


The following excerpt is from Frazzini v. Superior Court, 7 Cal.App.3d 1005, 87 Cal.Rptr. 32 (Cal. App. 1970):

Comparing the evidence supporting the two charges, it is apparent that the defendant had nonexclusive access to both closets. With respect to the heroin there was some additional evidence from which the defendant's unlawful possession could be inferred, namely, her admission that she was a heroin user, and the court found this circumstantial evidence, when added to the defendant's nonexclusive access, to be sufficient. (People v. Monson, Supra, 255 Cal.App.2d 689, 692, 63 Cal.Rptr. 409.) With respect to the marijuana, however, the only additional evidence was that there were female garments in the closet. The court held that no inference could be drawn from this fact inasmuch as there were also male garments in the closet. Undoubtedly, the decision would have been otherwise had the marijuana been found in one of the female garments.

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