Legal Opinion · Concurring in part, dissenting in part

State v. Cline

Supreme Court of Missouri

Decided May 3, 1991No. 73162Published

1Concurring in part, dissenting in part

*828GEORGE M. FLANIGAN, Special Judge,

concurring in part and dissenting in part.

I concur fully in part II of the principal opinion. I respectfully dissent from part I because, in my view, the evidence was insufficient to support the verdict.

It was incumbent upon the state to prove defendant’s knowledge of the “nature of the substance.” State v. Barber, 635 S.W.2d 342, 343-44 (Mo.1982). To similar effect see State v. Gulley, 776 S.W.2d 492, 494 (Mo.App.1989); State v. Garrett, 765 S.W.2d 314, 315 (Mo.App.1988); State v. Vincent, 755 S.W.2d 400, 401 (Mo.App.1988); State v. Moiser, 738 S.W.2d 549,…

2Cases cited12 opinions

  1. State v. BarberSupreme Court of Missouri · 1982
  2. State v. BashamSupreme Court of Missouri · 1978
  3. State v. ZimpherMissouri Court of Appeals · 1977
  4. State v. LockhartSupreme Court of Missouri · 1973
  5. State v. GreenSupreme Court of Missouri · 1982

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