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.