1. Home
  2. Browse Decisions
  3. So.2d
  4. 395 So.2d
  5. 395 So.2d 1259 (1981)
 

METZGER v. STATE

No. 79-2371.

395 So.2d 1259 (1981)

Clinton METZGER and Cecil Whitaker, Appellants, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 31, 1981.

Attorney(s) appearing for the Case

Mark King Leban, Miami, Mechanic & Goldstein, North Miami, Rosen, Portela, Bronis, Angueira & Clay, Miami, for appellants.

Jim Smith, Atty. Gen. and Calianne P. Lantz, Asst. Atty. Gen., for appellee.

Before BARKDULL, HENDRY and NESBITT, JJ.

PER CURIAM.

We reverse the conviction of defendant Whitaker on the ground that the state failed to establish his constructive possession of the marijuana found aboard the "Excuse Me." Whitaker was shown only to be a passenger on a vessel owned and operated by his co-defendant; neither the odor of the marijuana contained in the forward cabin, nor the slight amount (less than a handful) of marijuana scattered over the vessel's deck (where Whitaker was situated)

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases