MICHAEL JAY O'QUINN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MICHAEL JAY O'QUINN, APPELLANT,
STATE OF FLORIDA, APPELLEE
373 So. 2d 964
Florida District Court of Appeal, First District (1979)
Caution
Cited by 3 cases
Opinion of the Court
ROBERT P. SMITH, Jr., Judge.
In the testimony of the witness Vaughn, whose credibility was for the jury, and the testimony of officers executing a warrant to search the house of Caren Barr, there is evidence from which the jury could have found beyond and to the exclusion of a reasonable doubt ' that the appellant O’Quinn was in actual or constructive possession of the controlled substances which were the subject of the information. Frank v. State, 199 So. 2d 117 (Fla. 1st DCA 1967); Thames v. State, 366 So. 2d 1261 (Fla. 1st DCA 1979).
AFFIRMED.
MILLS, C. J., and SHIVERS, J., concur.
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Citator
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Bakalarz v. Luskin, 560 So. 2d 283 (Fla. 4th DCA 1990)…9 Fla. 767, 33 So. 2d 150 (Fla.1947); Sackheim v. Marine Bank & Trust Co., 341 So. 2d 247 (Fla. zDCA 1976); Air Flow Heating & Air Conditioning, Inc. v. Baker, 326 So. 2d 449 (Fla. 4th DCA), cert. denied, 341 So. 2d 289 (Fla.1976); Coggins v. Mimms, 373 So. 2d 964 (Fla. 1st DCA 1979). HERSEY, C.J., and DOWNEY, J., concur. STONE, J., concurs in part and dissents in part with opinion.…
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Yaist v. The United States V. Olson Fla. Realty Co., 656 F.2d 616 (Ct. Cl. 1981)…cord is wholly silent as to the indexing of the Boswell affidavit and attachments. They may well have been indexed only under Boswell, the affiant, which would obviously have been outside any area of proper governmental search. See Coggins v. Mimms, 373 So. 2d 964, 965 (Fla.Dist. Ct.App.1979) (affidavit indexed only under buyer’s name and without acknowledgment by the seller gave no notice of alleged seller’s interest in property). Plaintiff has the burden of showing that the Boswell affidavit and attachments…
Authorities Cited
- Frank v. State, 199 So. 2d 117 (Fla. 1st DCA 1967)
- Thames v. State, 366 So. 2d 1261 (Fla. 1st DCA 1979)
- Avery v. Wagner, 366 So. 2d 1261 (Fla. 4th DCA 1979)