State v. Cuble

— Emmanuel Oneal Cuble appeals a jury conviction of first degree unlawful firearm possession. He argues that the charging document and the to-convict instruction lacked the essential element of knowledge. We hold that the information was not defective, but the to-convict instruction, coupled with the unwitting possession instruction, displaced the burden of proving knowing possession from the State to Cuble. Therefore, we reverse.

FACTS

I. Arrest

After consuming a considerable amount of cognac with a friend, Cuble went to two bars, Sig’s and Galloping Gertie’s (Gertie’s). At Sig’s, he drank two…