STATE v. SMALLWOOD

No. 79-1743-CR.

97 Wis.2d 673 (1980)

294 N.W.2d 51

STATE of Wisconsin, Plaintiff-Respondent, v. Rex Allen SMALLWOOD, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided May 27, 1980.


Attorney(s) appearing for the Case

For the defendant-appellant, a brief was submitted by Mark Lukoff, first assistant state public defender of Milwaukee.

For the plaintiff-respondent, a brief was submitted by Bronson C. La Follette, attorney general, and Michael C. Klos, assistant attorney general.

Before Voss, P.J., Brown and Bode, JJ.


VOSS, P.J.

Defendant Smallwood appeals from a conviction of delivery of tetrahydrocannabinol (THC). On appeal, defendant contends the State violated the Fourteenth Amendment to the United States Constitution because it did not produce evidence beyond a reasonable doubt that defendant knew the substance he delivered was THC. We disagree with the defendant and affirm the trial court.

At trial, the court held that the State has to prove knowledge on the part...

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