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Florida District Courts of Appeal, 1973

Moore v. State

Moore v. State
Florida District Courts of Appeal · Decided April 13, 1973 · Owen, Reed, Walden
276 So. 2d 194; 1973 Fla. App. LEXIS 6891 (Southern Reporter, Second Series)

Moore v. State

Opinion of the Court

PER CURIAM.

Affirmed.

REED, C. J., and OWEN, J., concur. WALDEN, J., concurs in part, dissents in part, with opinion.

Concurring in Part

WALDEN, Judge

(concurring in part, dissenting in part) :

I respectfully dissent from that portion of the majority judgment which affirms in*195sofar as it approves the appellant’s judgment and conviction of breaking and entering Carl’s Furniture Store with intent to commit a felony, to-wit: grand larceny. In my opinion the evidence, circumstantial as it was, was insufficient as a matter of law to show the defendant’s guilt beyond and to the exclusion of a reasonable doubt. 13 Fla.Jur., Evidence, §§ 417 and 435.

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