CopyCited 9 times | Published | Florida 2nd District Court of Appeal
...competent evidence of that fact. Therefore, appellant argues, the trial judge erred in denying appellant's motion for judgment of acquittal at the close of the state's case. *637 Appellant bases his point on the statute defining the crime, which is Section 552.101, Florida Statutes (1977), reading as follows: It is unlawful for any person to possess an explosive unless he is the holder of a current, valid license or permit, as above provided, and possesses such explosive for the purpose covered by the license or permit he holds......
...e of a permit, absence of the permit is an essential element of the crime and proof thereof must be included in the state's case. The state, on the other hand, argues that the absence of a permit to possess an explosive is an exception carved out by Section 552.101 and, an exception being a defensive matter, the state did not have the burden of alleging or proving the absence of the exception in this case....
0 red0 yellow4 green7 procedural
Cited as authorityBurt (1991)phrase: "rule_authority"
Cited as authorityPennington (1988)phrase: "rule_authority"
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
...NOTES [1] An exception is made for these types of firearms, however, if they "... are lawfully owned and possessed under provisions of federal law... ." §
790.221(3). [2] See, Victer v. State (Fla. 1965),
174 So.2d 544, where the appellant was convicted of the possession of explosives without a license in violation of F.S. §
552.101, F.S.A....
CopyPublished | District Court of Appeal of Florida
...The appellant George Victer and another were charged in one count of an information with transportation of explosives on a public highway without a license contrary to §
552.12, Fla.Stat., F.S.A., and in a second count with possession of explosives without a license, condemned by §
552.101, Fla.Stat., F.S.A....
CopyPublished | Supreme Court of Florida | 1965 Fla. LEXIS 3141
...Appellant, George Victer, and two others were arrested and an information was filed charging them in one count with transportation of explosives on a public highway without a license contrary to §
552.12, Fla.Stat, F.S.A., and in a second count with possession of explosives without a license in violation of §
552.101, Fla.Stat., F.S.A....
...or mixture having the property of yielding readily to combustion or oxidation upon the application of heat, flame or shock, a better and more particular description of said explosive being to the State Attorney unknown, contrary to Florida Statutes 552.101.” In Robinson v....
...vision being to protect the innocent, not to shield the guilty.” Judged by this standard, the second count of the information under which the appellant was convicted is sufficient. We now direct our attention to the constitutional validity of F.S. section 552.101, F.S.A....
