PHILLIP JOHNSON, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PHILLIP JOHNSON, JR., APPELLANT,
STATE OF FLORIDA, APPELLEE
362 So. 2d 430
Florida District Court of Appeal, Fourth District (1978)
Opinion of the Court
PER CURIAM.
AFFIRMED.
DOWNEY, C. J., and DAUKSCH, J., concur.
ANSTEAD, J., dissents with opinion.
Dissent
ANSTEAD, Judge,
dissenting:
This case is similar to Mims v. State, 352 So. 2d 68 (Fla. 4th DCA 1977), in that appellant’s defense to drug possession charges was that he had no knowledge that the illegal drugs were in a satchel possessed by him and containing his barber tools. De spite a request, no instruction was given requiring knowledge on appellant’s part. The jury specifically asked the court if appellant would be guilty if he had no knowledge that the drugs were in his satchel. The judge declined to answer the question except to tell the jury that the case must be decided on the instructions and evidence already submitted. Guilty verdicts were ultimately returned. As in Mims, I believe it was reversible error to refuse an instruction on knowledge. Frank v. State, 199 So. 2d 117 (Fla. 1st DCA 1967).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Frank v. State, 199 So. 2d 117 (Fla. 1st DCA 1967)
- Alphonso Mims v. State, 352 So. 2d 68 (Fla. 4th DCA 1977)
- Gersten v. Bessemer, 352 So. 2d 68 (Fla. 4th DCA 1977)