Legal Opinion

State v. Dixon

Missouri Court of Appeals

Decided January 31, 1977No. 28419PublishedCited by 7 opinions

1Opinion of the Court

PRITCHARD, Chief Judge.

In a trial to the court, appellant was found guilty of the sale of marihuana, and was sentenced to five years imprisonment in the Department of Corrections.

Appellant makes three contentions for reversal. The first point is that the court erred in refusing to “quash” the indictment because it failed to specify the nature of the controlled substance allegedly sold, and failed to negative the exceptions to the definition of marijuana contained in § 195.-010(20), RSMo Supp., 1975, thus placing an unconstitutional burden of proof on appellant under § 195.180.

The relevant…

2Cases cited11 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Mullaney v. WilburSupreme Court of the United States · 1975
  3. Pate v. RobinsonSupreme Court of the United States · 1966
  4. State v. SimmonsSupreme Court of Missouri · 1973
  5. State v. PageSupreme Court of Missouri · 1965

6 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Dickerson v. StateCourt of Criminal Appeals of Alabama · 1982
  2. State v. HartSupreme Court of Connecticut · 1992
  3. State v. GarrettMissouri Court of Appeals · 1980
  4. State v. GarretteMissouri Court of Appeals · 1985
  5. Dixon v. StateMissouri Court of Appeals · 1981

2 more not listed; retrieve them via the Exa API.

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