State v. Rainey

I dissent from the majority opinion because I conclude that (1) defendant’s contention on appeal was not raised below; (2) giving the challenged instruction was not error; (3) the instructions taken as a whole were not erroneous; and (4) the error, if any, was harmless.

At trial defendant objected to the challenged instruction as follows:

“ * * * I would except to the instruction about delivery as a prima facie evidence and knowledge. This is not a sdbject for instruction which is limited to matters of law, and it is incorrect since the delivery does not prima facie show knowledge in that…