FRANK v. STATE

No. I-52.

199 So.2d 117 (1967)

Milton F. FRANK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. First District.

May 23, 1967.


Attorney(s) appearing for the Case

Albert Datz, Jacksonville, for appellant.

Earl Faircloth, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., for appellee.


WIGGINTON, Acting Chief Judge.

Defendant has appealed a judgment of conviction and sentence based upon a jury verdict finding him guilty of unlawfully possessing narcotic drugs. The principal thrust of appellant's position is directed to the ruling of the trial court denying his request for a jury instruction on the issue of scienter.

The information on which appellant was tried contained two counts, the first charging him with the unlawful possession of morphine...

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