The opinion
BRETT, Presiding Judge
(dissenting):
I am compelled to dissent to this decision, because I believe the offense of possession of marihuana was not proved, as to this defendant. I do not deny that there is circumstantial evidence to corroborate the fact that marihuana was smoked by someone in the pickup truck. Nor do I deny the testimony of Robert McNutt that this defendant smoked a cigarette with him as they drove down the road. But I do not find in this record any corroborating testimony to show that this defendant possessed the marihuana.
Robert McNutt testified that he bought and paid for the packet of marihuana. He later testified that he attempted to throw away the packet of marihuana, but it was subsequently found under the pickup truck by the authorities. Robert McNutt also testified that he pled guilty to the offense of possession of marihuana which had to be the same packet of substance, because he identified the packet introduced as exhibit three at this trial as being the marihuana he bought. There exists little doubt concerning defendant’s knowledge of the marihuana, but there is absolutely no testimony showing that she had dominion and control of the substance, nor is there any other independent factor to prove dominion and control. This Court held in Brown v. State, Okl.Cr., 481 P.2d 475 (1971):
“Joint possession cannot be established by fact that defendant is or has been in company of one having possession of marihuana in absence of additional inde-pendant factors linking defendant to it.”
I believe this record clearly proves that Robert McNutt possessed the only marihuana found at the scene of the accident; and therefore that this conviction should be reversed and remanded with instructions to dismiss as to this defendant.