Perry v. State
Perry v. State
Opinion of the Court
Appellant, Lula Perry, was convicted of fraud in obtaining public assistance for herself and two of her children. It is alleged that she lived with Curtis Williams, who fathered two of her three children. She further failed to report to her caseworker his presence in the home and many of his financial contributions to the family. Had she reported this situation to the welfare office, as was required, she would not have been able to continue to receive welfare money and medical care for herself and her twins because Williams’ income
In fact, both Perry and Williams testified that they planned to live together in her apartment but changed their minds when they discovered that his “official” presence would cause her rent to increase from $8 to over $400 per month. Relatives and neighbors who testified on Perry’s behalf claimed that Williams lived in Alabama with his mother and rode to and from work every day with other coworkers from Alabama. The investigation into Williams’ presence had begun after the welfare office received two anonymous calls and one visitor who claimed that Perry was unlawfully obtaining benefits.
Lula Perry was well aware that she was required to report any changes in her living arrangements to the caseworker within ten days of the change, and her file was reviewed every six months for changes in order to redetermine her eligibility for public assistance. Held:
The only error enumerated is the general grounds. It is contended in appellant’s brief that there is not “one microscopic mote” or “not one atom of documentary evidence” linking her “in mens rea to the actus reus.” Appellant further claims that she does not consider herself “part of a marriage or federal common-law relationship or other transmogrified Washingtonian construct hastily summoned into existence to lend a shred of apparent respectability to an odious, dangerous law, we behold that law in all its rank and pernicious splendor.”
“In our view the composite determination of a jury of laymen in a matter of this kind is the most satisfactory method the wit of man has ever devised for ferreting out the truth of such controversies. They are keen analysts of evidence; they are not subsumed by the quibbles and window dressing of procedure; they are actuated rather by a sense of justice and fairness and when let alone will invariably arrive at a righteous result. We think they did so in this case so their judgment is affirmed.” Thomas v. State, 152 Fla. 756 (13 S2d 148)
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.