Bailer v. State

District Court of Appeal of Florida

Bailer v. State

337 So. 2d 415, 1976 Fla. App. LEXIS 15475

District Court of Appeal of Florida·Decided September 24, 1976·No. No. 75-1782·Published·Cited by 1 cases

Opinion

PER CURIAM.

Appellant’s conviction of Obtaining Property in Return for Worthless Check, in violation of Section 832.05(3), Florida Statutes (1973), is reversed because of the trial court’s refusal to instruct the jury that intent to defraud is an indispensable element of this offense. Prince v. State, 333 So.2d 63 (Fla. 4th DCA 1976).

REVERSED AND REMANDED for a new trial.

[416]*416MAGER, C. J., ALDERMAN, J., and DURANT, N. JOSEPH, JR., Associate Judge, concur.

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PER CURIAM.

Appellant’s conviction of Obtaining Property in Return for Worthless Check, in violation of Section 832.05(3), Florida Statutes (1973), is reversed because of the trial court’s refusal to instruct the jury that intent to defraud is an indispensable element of this offense. Prince v. State, 333 So.2d 63 (Fla. 4th DCA 1976).

REVERSED AND REMANDED for a new trial.

[416]*416MAGER, C. J., ALDERMAN, J., and DURANT, N. JOSEPH, JR., Associate Judge, concur.

Bailer v. State, 337 So. 2d 415, 1976 Fla. App. LEXIS 15475 (Fla. Ct. App. 1976).

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Opinion

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