Cited by
Opinions in Louisiana that cite State v. Johnson, 82 So. 2d 24.
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State v. Beaulieu
122 So. 3d 1050
La. Ct. App. 1st Cir. 2013
(1955); State v. Kreller, 255 La.
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State v. Cinel
646 So. 2d 309
La. 1994
See, , (1955) (possession of marijuana); State v. Roufa, 241 La.
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State v. Abercrombie
375 So. 2d 1170
La. 1979
-98 (La.1976); , (1955).
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State v. Slayton
338 So. 2d 694
La. 1976
[6] Thus, , (1955), the leading decision permitting use of extraneous offenses to prove "guilty knowledge" in narcotics cases, the undoubted possessor of marijuana, found in gleanings in his clothes, claimed not to know of them.
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Explained
State v. Mims
330 So. 2d 905
La. 1976
The law in this area was first set out by this Court in 1955 , (1955) in which we explained: "The word `possession' means simply the owning or having in one's power; to have and to hold as property; ownership, whether rightfully or wrongfully; actual personal control and care; the right of exercising acts of dominion.
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State v. Malmay
315 So. 2d 286
La. 1975
(1955), this Court has repeatedly stated that possession and distribution of illegal drugs "* * * as denounced by law cannot exist without proof of guilty knowledge * * *."
- State v. Gaspard 301 So. 2d 344 La. 1974
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State v. Tharp
284 So. 2d 536
La. 1973
Relative to guilty knowledge being an essential ingredient of the crime of possession or distribution of narcotic drugs and narcoti paraphernalia, , (1955); State v. Maney, 242 La.
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State v. Moore
278 So. 2d 781
La. 1973
14:27; , (1955); State v. Ferrand, supra.
- State v. Scott 278 So. 2d 121 La. 1973
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State v. Clouatre
264 So. 2d 595
La. 1972
(1955), affirmatively settles the question that guilty knowledge is an essential element of the crime of possession of narcotic drugs.
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State v. Crittle
268 So. 2d 604
La. 1972
65 , (1955); , (1955); State v. Maney, 242 La.
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State v. Barnes
245 So. 2d 159
La. 1971
65 , ; State v. Johnson (on rehearing), , ; State v. Maney, 242 La.
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State v. Kreller
233 So. 2d 906
La. 1970
1 State v. Maney, 242 La.
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State v. O'BRIEN
232 So. 2d 484
La. 1970
(on rehearing) (1955) ; State v. Maney, 242 La.
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State v. Clack
222 So. 2d 857
La. 1969
The crime of unlawful possession of narcotic drugs as denounced by law cannot exist without proof of guilty knowledge; for, such possession would not be a possession contemplated by the statute.” , .
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State v. Vale
215 So. 2d 811
La. 1968
In fact, we find, “It is conceded that this Court has held ‘track marks’ are admissible’ to show guilty knowledge in a possession case.” See, , ; State v. Harris, 232 La.
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State v. Gurney
185 So. 2d 19
La. 1966
993 , (1947) , (1955)), the change of date in this instance, coupled with the change in the object of the theft, adds support to defendant's claim of prejudice.
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State v. Oliver
174 So. 2d 509
La. 1965
65 , ; , (on rehearing); see also State v. Harris, 232 La.
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State v. Oliver
174 So. 2d 509
La. 1965
65 , ; , (on rehearing); see also State v. Harris, 232 La.
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State v. Pailet
165 So. 2d 294
La. 1964
374 ; , (on rehearing) ; State v. Wagner, 229 La.
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State v. McIlvaine
160 So. 2d 566
La. 1964
65 , ; , ; State v. Maney, 242 La.
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State v. McIlvaine
160 So. 2d 566
La. 1964
65 , ; , ; State v. Maney, 242 La.
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Overruled
State v. Sciortino
159 So. 2d 685
La. 1964
See also 5 Wharton’s Criminal Law and Procedure, pp. 210-212 (Anderson, 1957).
- State v. Richard 158 So. 2d 828 La. 1963
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State v. Morris
157 So. 2d 728
La. 1963
640 , , , State v. Wagner, 229 La.
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State v. Morris
157 So. 2d 728
La. 1963
640 , , , State v. Wagner, 229 La.
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State Ex Rel. Blouin v. Walker
154 So. 2d 368
La. 1963
which involved a charge of unlawful possession of narcotics, that: “Unlawful possession, where one is invested with some right of dominion, can be defined as a possession which in the ordinary course of human experience necessarily involves knowledge of the fact that one is possessing either rightfully
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State v. Maney
135 So. 2d 473
La. 1961
wherein the rule was announced that guilty knowledge is an essential ingredient of the crime of possession of narcotic drugs under LSA-R.S.
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State v. Copling
135 So. 2d 271
La. 1961
615 ; and, also, , ; State v. Roshto, 169 La.
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State v. Roufa
129 So. 2d 743
La. 1961
we had announced the principle that no crime can exist without the combination of a criminal act and a criminal intent, or an evil motive, or with a guilty knowledge of its consequences.
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State v. Wilson
127 So. 2d 158
La. 1961
966 ; , ; State v. Blankenship, 231 La.
- State v. Garner 115 So. 2d 855 La. 1959
- Johnson v. Sigler 106 So. 2d 469 La. 1958
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State v. Harris
95 So. 2d 496
La. 1957
15 :445, 15:446; , ; State v. Reinhardt, 229 La.
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State v. Birdsell
95 So. 2d 290
La. 1957
we held that unlawful possession, where one is invested with some right of dominion, can be defined as a possession which in the ordinary course of human experience necessarily involves knowledge of the fact that one is possessing either rightfully or unlawfully as well as with knowledge of the crimina
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State v. Dartez
89 So. 2d 48
La. 1956
d to it and made a part thereof, this bill is without merit.- Both the motion in arrest of judg-' ment, Bill of Exception No. 4, and the motion for a new trial, Bill of Exception No. 5, present the same question, viz.: that the bill of information does not specifically and affirmatively charge or impute guilty knowledge of the accused of possession of a narcotic drug, , .
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State v. Peltier
86 So. 2d 693
La. 1956
The remainder of the 'possible verdicts which the judge stated might be rendered dealt with “attempted” acts — attempted possession, attempted control, , , this court, in ruling admissible certain evidence as tending to show guilty knowledge, held that “attempted possession” was a responsive verdict to a charge of possession of narcotics.
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State v. Wagner
85 So. 2d 272
La. 1956
In State v. Johnson, on rehearing, , , wherein the defendant was charged with possession of narcotics, this Court 'pointed out that the commission of a prior offense was admissible to show guilty knowledge or evil motive.