BROWN v. STATE

Nos. 69-143, 69-144.

240 So.2d 507 (1970)

Melvin BROWN, Joan Anderson and George Baier, Appellants, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied November 4, 1970.

Rehearing as Granted November 4, 1970.


Attorney(s) appearing for the Case

Thomas J. Hanlon and Henry Gonzalez, Tampa, for appellants.

Earl Faircloth, Atty. Gen., Tallahassee, and Michael N. Kavouklis, Asst. Atty. Gen., Lakeland, for appellee.


Rehearing as to Baier Granted November 4, 1970.

ON PETITION FOR REHEARING

PER CURIAM.

The court below did not fully and sufficiently instruct the jury as to the burden of proof placed upon the State on the issue of scienter or knowledge of the appellant Baier as to the presence of the marijuana and his ability to maintain control over it. Mr. Baier was merely a visitor in the home of the other two appellants and had no proprietary interest...

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