The opinion
BRETT, Judge
(concurs specially):
After a careful examination of the trial record, the evidentiary hearing, Findings of Fact and Conclusions of Law, I concur. However, I believe it should be distinguished from this Court’s decision in Brown v. State, Okl.Cr., 481 P.2d 475 (1971), and other decisions of this Court in this same area.
Initially, the fact that no marijuana was found in the second automobile caused me considerable concern, considering Brown v. State, supra, and other decisions of this Court, until I realized that the persons in the second car were originally charged as conspirators; and in the amended information they were charged with Algie Ray Grimes, “while acting in concert each with the other,” for the crime of Unlawful Possession of a Controlled Dangerous Substance With Intent to Distribute. In substance, the persons in the second car were charged as “aiding and abetting” in the commission of the offense. The rationale of the charge lies in the fact that nothing but the marijuana was contained in the first car, whereas the luggage, and other items belonging to Algie Ray Grimes, were being transported in the second car. Title 21, O.S.1971, § 172, provides the following:
“All persons concerned in the commission of crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission, though not present, are principals.” [Emphasis added].
Hence, the question is presented, with reference to the three persons in the second car: “Were those persons aiding and abetting Algie Ray Grimes in his possession of the marijuana found in his automobile?” I finally concluded that they were. An analogous situation might be: Assuming that “A” and “B” both own automobiles. “A” decides to move a bale of hay from one point to another, but he cannot get it into the trunk of his automobile because the spare tire takes up too much space. “B” offers to put the spare tire in his car in order that “A” can get the bale of hay into the trunk of his car. Clearly, “B” is aiding “A” to take possession and transport the bale of hay to the new location. As I view the instant matter, the three persons in the second car were likewise aiding and abetting Algie Ray Grimes in transporting the marijuana in the first car.
Whether or not the three persons had knowledge that Algie Ray Grimes had marijuana in his car, and whether or not they knew that he intended to illegally dis *1407 tribute it, were questions of fact for the jury to determine after considering all the evidence and testimony offered at the trial. The jury found answers to these two questions adversely to all four defendants; and I believe the evidence supports that verdict. The only defendant who testified was Patricia Ann Fairchild Marlow. She denied knowing anything about the marijuana. I believe it is quite possible she was telling the truth, but nonetheless the jury convicted all four defendants.
Therefore, I conclude that notwithstanding the fact that the three occupants in the second automobile did not have actual possession, dominion, and control over the marijuana found in the first car, the evidence was sufficient to show them to be aiders and abettors to the commission of the crime.