Marshall v. State

Full title: FRED LEE MARSHALL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Dec 9, 1970

241 So. 2d 719 (Fla. Dist. Ct. App. 1970)

Opinion

No. 2665.

December 9, 1970.

Appeal from Circuit Court, Seminole County; William G. Akridge, Judge.

Robert G. Ferrell, III, Public Defender, and Ned N. Julian, Jr., Asst. Public Defender, Sanford, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and James M. Adams, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

REED and OWEN, JJ., concur.

WALDEN, J., dissents, with opinion.

WALDEN, Judge (dissenting):

I would reverse because of the failure of the State to prove that the defendant stole a 1957 Lincoln automobile, Serial No. 57WA147302, Florida Tag 17 Mont. 115, from its owner C.E. Williams, d/b/a C J Motors, as charged. The defendant is entitled to a reversal and a new trial upon the principles announced in Morgan v. State, Fla.App. 1966, 186 So.2d 795 and Carson v. State, Fla.App. 1967, 205 So.2d 340.