State v. Grant

Miami-Dade County Circuit Court

State v. Grant

39 Fla. Supp. 48

CourtCircuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County

DecidedJuly 25, 1973

DocketNo. 8122

StatusPublished

This text of 39 Fla. Supp. 48 (State v. Grant) is published on Counsel Stack Legal Research, covering Circuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Grant, 39 Fla. Supp. 48 (Fla. Super. Ct. 1973).

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Opinion

HAROLD R. VANN, Circuit Judge.

This is an appeal from a conviction for possessing a drug proscribed by provisions of §500.151, Florida Statutes. The appellant maintains that the state failed to produce any testimony which would show a material element of the offense, to-wit — that the drug possessed by the appellant.was “habit-forming, toxic, harmful or new ...” The state has filed an admission of error indicating that the record substantiates the appellant’s position.

This court having independently reviewed the record on appeal, and being fully advised in the premises, orders that the aforementioned conviction be and it hereby is reversed. Johnson v. Florida, 391 U.S. 596 (1968); State v. Kahler, 232 So.2d 166 (Fla. 1970).

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HAROLD R. VANN, Circuit Judge.

This is an appeal from a conviction for possessing a drug proscribed by provisions of §500.151, Florida Statutes. The appellant maintains that the state failed to produce any testimony which would show a material element of the offense, to-wit — that the drug possessed by the appellant.was “habit-forming, toxic, harmful or new ...” The state has filed an admission of error indicating that the record substantiates the appellant’s position.

This court having independently reviewed the record on appeal, and being fully advised in the premises, orders that the aforementioned conviction be and it hereby is reversed. Johnson v. Florida, 391 U.S. 596 (1968); State v. Kahler, 232 So.2d 166 (Fla. 1970).

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Bluebook (online)

39 Fla. Supp. 48, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-grant-flacirct11mia-1973.

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