State v. Attardo

Ness, Justice:

The appellant was tried and found guilty of possession of more than one ounce of marijuana with the intent to distribute. Seeking reversal, he contends that the trial judge erred in failing to charge that such possession must be knowing or intentional and by charging that the burden shifted to the appellant to. prove that he, in fact, had no knowledge of what he possessed.

The conviction was based on § 32-1510.49(b) of the South Carolina Code 1962 (1973 Cum. Supp.). That section reads: “It shall be unlawful for any person knowingly or intentionally to possess a controlled…