Florida District Courts of Appeal, 1970

Marshall v. State

Marshall v. State
Florida District Courts of Appeal · Decided December 9, 1970 · Owen, Reed, Walden
241 So. 2d 719; 1970 Fla. App. LEXIS 5470 (Southern Reporter, Second Series)

Marshall v. State

Opinion of the Court

PER CURIAM.

Affirmed.

REED and OWEN, JJ., concur. *720WALDEN, J., dissents, with opinion.

Dissenting Opinion

WALDEN, Judge

(dissenting):

I would reverse because of the failure of the State to prove that the defendant stole a 19S7 Lincoln automobile, Serial No. 57WA147302, Florida Tag 17 M 115, from its owner C. E. Williams, d/b/a C & J Motors, as charged. The defendant is entitled to a reversal and a new trial upon the principles announced in Morgan v. State, Fla.App. 1966, 186 So.2d 795 and Carson v. State, Fla.App.1967, 205 So.2d 340.

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