Florida District Courts of Appeal, 1976

Bailer v. State

Bailer v. State
Florida District Courts of Appeal · Decided September 24, 1976 · Alderman, Durant, Joseph, Mager
337 So. 2d 415; 1976 Fla. App. LEXIS 15475 (Southern Reporter, Second Series)

Bailer v. State

Opinion of the Court

PER CURIAM.

Appellant’s conviction of Obtaining Property in Return for Worthless Check, in violation of Section 832.05(3), Florida Statutes (1973), is reversed because of the trial court’s refusal to instruct the jury that intent to defraud is an indispensable element of this offense. Prince v. State, 333 So.2d 63 (Fla. 4th DCA 1976).

REVERSED AND REMANDED for a new trial.

*416MAGER, C. J., ALDERMAN, J., and DURANT, N. JOSEPH, JR., Associate Judge, concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.