Herdman v. State

Florida District Courts of Appeal
Herdman v. State, 328 So. 2d 459 (1976)
1976 Fla. App. LEXIS 14836
Cross, Downey, Owen

Herdman v. State

Opinion of the Court

OWEN, Judge.

Appellant was charged by information with obtaining property by means of a worthless check, proscribed by Fla.Stat. § 832.05(3) (1973). Convicted on his own guilty plea, he now contends that the information wholly failed to charge a criminal offense in that it did not specifically allege an intent to defraud. His reliance upon the case of Anderson v. Bryson, 94 Fla. 1165, 115 So. 505 (1927), is mispláced as the statute has been amended subsequent to that decision. In Ennis v. State, 95 So.2d 20 (Fla. 1957), cert. den., 355 U.S. 868, 78 S.Ct. 117, 2 L.Ed.2d 74 (1957), which does not at all hold what United States v. Frazier, 444 F.2d 235 (5th Cir. 1971), said it did, an information substantially identical to the one in the case at bar, in which there was no allegation of an intent to defraud, was held to contain every essential element required by the statute.

AFFIRMED.

CROSS and DOWNEY, JJ., concur.

Reference

Full Case Name
Randy L. HERDMAN v. STATE of Florida
Cited By
1 case
Status
Published