State v. Segovia

457 P.2d 905 (1969)

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State v. Segovia

Idaho Supreme Court
457 P.2d 905 (1969)

Facts

Ramiro Garcia and Florentino Segovia (defendants) were arrested for possessing marijuana. A state statute made it illegal to possess a narcotic without a medical prescription. Under state law, marijuana was defined as a narcotic with no legal medicinal purpose. At trial, the prosecution (plaintiff) presented evidence that Garcia and Segovia had possessed marijuana but did not present any evidence establishing that the two men did not have prescriptions for the marijuana. Garcia and Segovia were convicted of illegally possessing a narcotic. On appeal, the two men claimed that (1) not having a prescription was an element of the crime of illegal possession and (2) the prosecution had failed to establish this element. The prosecution argued that having a prescription and satisfying the statute’s exception was a defense that a defendant could raise, not an element of the crime that the prosecution was required to prove.

Rule of Law

Issue

Holding and Reasoning (McFadden, C.J.)

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