KLEINBARD v. STATE

No. 67-232.

208 So.2d 127 (1968)

Martin KLEINBARD, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

March 12, 1968.


Attorney(s) appearing for the Case

Robert L. Koeppel, Public Defender and Marvin J. Emory, Jr., Asst. Public Defender, for appellant.

Earl Faircloth, Atty. Gen., and Arden M. Siegendorf, Asst. Atty. Gen., for appellee.

Before CHARLES CARROLL, C.J., and PEARSON and HENDRY, JJ.


PER CURIAM.

The appellant was convicted of (1) possession of barbiturates and (2) using a false address to obtain barbiturates contrary to the provisions of § 404.02, Fla. Stat., F.S.A. The appellant presents two points. The first urges that the State failed to establish a primia facie case because it did not prove affirmatively that appellant obtained the drugs with criminal intent. Without deciding the question of whether this particular statute requires scienter...

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