Supreme Court of Florida, 1937

Alvarez v. State

Supreme Court of Florida · Decided May 12, 1937 · Whitfield, Brown, Davis, Ellis, Terrell, Buford

174 So. 333; 128 Fla. 202; 1937 Fla. LEXIS 1237 (Southern Reporter)

Cases that cite this one

2 later published cases cite this decision.

Hunt v. State (Fla. Dist. Ct. App. 1967)
Blanco v. State (Fla. 1942)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Concurring Opinion

Brown, J.

(concurring). — While I dissented in the Pippin case, that case settled the question involved here, unless and until there is additional legislation on the subject. I therefore concur.

Opinion of the Court

Per Curiam.

The judgment'of conviction is reversed on the authority of Pippin v. State, 102 Fla. 1124, 136 Sou. Rep. 883, for omission of the information, filed under Section 7157 C. G. L. charging robbery while armed with a *203 dangerous weapon, to allege the ownership of the property therein described as the object of; the robbery, or in lieu thereof that the owner thereof was unknown, as required under that decision. Such ownership, when alleged, may consist of a general or special property in the subject matter, but a complete omission of all allegation of ownership cannot be upheld as against a motion to quash duly and timely interposed in a case of this kind.

Reversed.

Whitfield, P. J., and Brown and Davis, J. J., concur. Ellis, C. J., and Terrell and Buford, J. J., concur in the opinion and judgment.

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