What is the test for a motion to dismiss a charge of possession of a prohibited substance in a drug case?
MultiRegion, United States of America
The following excerpt is from United States v. Whitman, 469 F.2d 1370 (9th Cir. 1972):
The record discloses nothing more than appellant's "mere presence" in the vehicle carrying the contraband. The rule is "firmly established" that such evidence cannot support the verdict. United States v. Thomas, 453 F.2d 141 (9th Cir. 1971), cert. denied, Lucas v. United States, 405 U.S. 1069, 92 S.Ct. 1516, 31 L.Ed.2d 801 (1972).
Reversed, with direction to dismiss the indictment.
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