From Casetext: Smarter Legal Research

Haynes v. State

Supreme Court of Florida. En Banc
Jul 8, 1941
3 So. 2d 385 (Fla. 1941)

Opinion

Opinion Filed July 8, 1941

An Appeal from the Criminal Court of Record for Palm Beach County, John L. Moore, Judge.

Jordan Johnson, for Appellant;

J. Tom Watson, Attorney General, and Nathan Cockrell, Assistant Attorney General, for Appellee.


On writ of error we review judgment of conviction of grand larceny.

The record shows that the defendant by false and fraudulent representations as to material existing facts and imposing on the confidence of his victim, procured large sums of money from her to be used by him for a stated purpose. The logical conclusion is that he practiced the deception with the purpose and intent to deprive the victim of her money without consideration and to convert the same to his own use.

The case is ruled by our opinion and judgment in the case of Bussart v. State, 128 Fla. 891, 176 So. 32.

The judgment is affirmed.

So ordered.

WHITFIELD, TERRELL, CHAPMAN, and ADAMS, J. J., concur.

BROWN, C. J., and THOMAS, J., dissent.


It is my view that where the owner, by reason of the false pretenses of another person, voluntarily parts with both the possession and the title to money and delivers the same to such other person, who converts it to his own use, the latter is guilty, not of larceny, but of obtaining money by false pretenses, as denounced by Section 7258 C. G. L. See Lowe v. State, 44 Fla. 449, 32 So. 956; also cases cited in Fitch v. State, 135 Fla. 361, 185 So. 435. The facts here are different from those in Bussart v. State.


Summaries of

Haynes v. State

Supreme Court of Florida. En Banc
Jul 8, 1941
3 So. 2d 385 (Fla. 1941)
Case details for

Haynes v. State

Case Details

Full title:JAMES H. HAYNES v. STATE OF FLORIDA

Court:Supreme Court of Florida. En Banc

Date published: Jul 8, 1941

Citations

3 So. 2d 385 (Fla. 1941)
3 So. 2d 385

Citing Cases

McDowell v. State

Counsel for appellant points out that the information in the case at bar should have been drafted under…

Knight v. State

It is well settled in this jurisdiction that one who obtains possession of an article by trick, device or…