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Torr v. State

Supreme Court of Florida, Division B
Dec 6, 1932
144 So. 839 (Fla. 1932)

Opinion

Opinion filed December 6, 1932.

A writ of error to the Criminal Court of Record for Dade County; E. C. Collins, Judge.

Hendricks Hendricks, for Plaintiff in Error. Cary D. Landis, Attorney General, and Roy Campbell, Assistant, for the State.


Even if the information herein charges an offense under the statute when the essential language of the statute or its equivalent is not used in the information, the judgment of conviction of larceny of an automobile is predicated upon evidence that does not show a taking with felonious intent; and a new trial should have been granted. See Percifield v. State, 93 Fla. 247, 111 So. 379; Dean v. State, 41 Fla. 291, 26 So. 628; Cooper vs. State, 82 Fla. 365, 90 So. 375.

Reversed.

WHITFIELD, P.J., AND TERRELL AND DAVIS, J.J., concur.

BROWN, J., concurs in the opinion and judgment.

Filed under Rule 21-A.


Summaries of

Torr v. State

Supreme Court of Florida, Division B
Dec 6, 1932
144 So. 839 (Fla. 1932)
Case details for

Torr v. State

Case Details

Full title:R. S. TORR, Plaintiff in Error, vs. THE STATE OF FLORIDA, Defendant in…

Court:Supreme Court of Florida, Division B

Date published: Dec 6, 1932

Citations

144 So. 839 (Fla. 1932)
144 So. 839