Fay v. State

¶ 21. Instruction S-B incorrectly instructed the jury that Fay could be found guilty without requiring the jury to find proof of all the elements, such as “knowing” possession. The instruction therefore constitutes a defective instruction. However, I submit that this error fails to constitute reversible error since no miscarriage of justice occurred. Accordingly, I would find the giving of the disputed instruction, S-3, was error, but only harmless error, since the other necessary elements were included in other instructions, and Fay suffered no prejudice. Beale v. State, 2 So.3d 693, 699 (¶…