Berzin v. State
Berzin v. State
Opinion of the Court
The appellant in this case seeks review of a conviction for the crime of alleged
The evidence fails to establish, beyond and to the exclusion of a reasonable doubt, that there was a felonious intent to commit larceny on October 29, 1966. This being a necessary ingredient to establish the crime of grand larceny and this record lacking such, we reverse upon the following authorities: Tedder v. State, 73 Fla. 861, 75 So. 783; Helton v. State, 135 Fla. 458, 185 So. 864; Maddox v. State, Fla. 1948, 38 So.2d 58; Ricard v. State, Fla. App.1966, 181 So.2d 677; Reid v. Florida Real Estate Commission, Fla.App.1966, 188 So.2d 846.
Therefore, the conviction here under review is hereby set aside with directions that the appellant be discharged from the cause.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.