SMITH v. STATE

No. 72-437.

276 So.2d 91 (1973)

Clarence SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 24, 1973.


Attorney(s) appearing for the Case

F. Malcolm Cunningham, of Cunningham & Cunningham, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Nelson E. Bailey, Asst. Atty. Gen., West Palm Beach, for appellee.


WALDEN, Judge.

Based on circumstantial evidence, the defendant was convicted of possession of marijuana and drug paraphernalia. We reverse and remand for a new trial because of the insufficiency of the evidence.

Four persons had joint possession of a two bedroom residence. They were the defendant's mother who was head of the household, her boyfriend, the defendant and the defendant's brother.

The concealed contraband was found secreted in a closet...

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