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Moore v. State

District Court of Appeal of Florida, Fourth District
May 7, 1973
276 So. 2d 194 (Fla. Dist. Ct. App. 1973)

Opinion

No. 72-598.

April 13, 1973. Rehearing Denied May 7, 1973.

Appeal from the Court of Record, Broward County, Russell E. Seay, Jr., J.

Alfred J. Skaf and Joseph A. Varon, of Varon, Stahl Kay, Hollywood, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Fredric J. Scott, Asst. Atty. Gen., West Palm Beach, for appellee.


Affirmed.

REED, C.J., and OWEN, J., concur.

WALDEN, J., concurs in part, dissents in part, with opinion.


I respectfully dissent from that portion of the majority judgment which affirms insofar as it approves the appellant's judgment and conviction of breaking and entering Carl's Furniture Store with intent to commit a felony, to-wit: grand larceny. In my opinion the evidence, circumstantial as it was, was insufficient as a matter of law to show the defendant's guilt beyond and to the exclusion of a reasonable doubt. 13 Fla.Jur., Evidence, §§ 417 and 435.


Summaries of

Moore v. State

District Court of Appeal of Florida, Fourth District
May 7, 1973
276 So. 2d 194 (Fla. Dist. Ct. App. 1973)
Case details for

Moore v. State

Case Details

Full title:HARRY KENNETH MOORE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: May 7, 1973

Citations

276 So. 2d 194 (Fla. Dist. Ct. App. 1973)