Supreme Court of Florida, 1932

Torr v. State

Torr v. State
Supreme Court of Florida · Decided December 6, 1932 · Whitfield, Terrell, Davis, Brown
144 So. 839; 107 Fla. 382 (Southern Reporter)

Torr v. State

Opinion of the Court

Per Curiam.

Even if the information herein charges an offense under the statute when the essential language of the statute or its equivalent is not used in the information, the judgment of conviction of larceny of an automobile is predicated upon evidence that does not show a taking with felonious intent; and a new trial should have been granted. See Percifield v. State, 93 Fla. 247, 111 So. 379; Dean v. State, 41 Fla. 291, 26 So. 628; Cooper vs. State, 82 Fla. 365, 90 So. 375.

Eeversed.

Whitfield, P. J., and Terrell and Davis, J. J., concur. Brown, J., concurs in the opinion and judgment.

Filed under Eule 21-A.

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