State v. Smallwood
Court of Appeals of Wisconsin
1Opinion of the CourtYoss, P.J.
Defendant Smallwood appeals from a conviction of delivery of tetrahydrocannabinol (THC). On appeal, defendant contends the State violated the Fourteenth Amendment to the United States Constitution because it did not produce evidence beyond a reasonable doubt that defendant knew the substance he delivered was THC. We disagree with the defendant and affirm the trial court.
At trial, the court held that the State has to prove knowledge on the part of the defendant that he was delivering a controlled substance. However, the State does not have to prove the defendant knew the specific nature of the…
2Cases cited8 opinions
- Few v. StateCourt of Criminal Appeals of Texas · 1979
- Puett v. StateCourt of Appeals of Georgia · 1978
- State v. ChristelWisconsin Supreme Court · 1973
- Lunde v. StateWisconsin Supreme Court · 1978
- People v. JamesAppellate Court of Illinois · 1976
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3Cited by1 opinion
- State v. SartinWisconsin Supreme Court · 1996