Brown v. State

ON PETITION FOR REHEARING

The court below did not fully and sufficiently instruct the jury as to the burden of proof placed upon the State on the issue of scienter or knowledge of the appellant Baier as to the presence of the marijuana and his ability to maintain control over it. Mr. Baier was merely a visitor in the home of the other two appellants and had no proprietary interest whatsoever in the premises on which the marijuana was located.

In Frank v. State, Fla.App.1967, 199 So.2d 117, it was held at page 120:

“If the premises on which the drugs are found is not in the exclusive but only in…