Berzin v. State

District Court of Appeal of Florida

Berzin v. State

215 So. 2d 897, 1968 Fla. App. LEXIS 4884

CourtDistrict Court of Appeal of Florida

DecidedNovember 19, 1968

DocketNo. 68-244

StatusPublished

This text of 215 So. 2d 897 (Berzin v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Berzin v. State, 215 So. 2d 897, 1968 Fla. App. LEXIS 4884 (Fla. Ct. App. 1968).

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Opinion

PER CURIAM.

The appellant in this case seeks review of a conviction for the crime of alleged [898]*898grand larceny committed on October 29, 1966. Adjudication and sentence was withheld, pursuant to the authority of § 948.01 (3), Fla.Stat., F.S.A. We reverse.

The evidence fails to establish, beyond and to the exclusion of a reasonable doubt, that there was a felonious intent to commit larceny on October 29, 1966. This being a necessary ingredient to establish the crime of grand larceny and this record lacking such, we reverse upon the following authorities: Tedder v. State, 73 Fla. 861, 75 So. 783; Helton v. State, 135 Fla. 458, 185 So. 864; Maddox v. State, Fla. 1948, 38 So.2d 58; Ricard v. State, Fla. App.1966, 181 So.2d 677; Reid v. Florida Real Estate Commission, Fla.App.1966, 188 So.2d 846.

Therefore, the conviction here under review is hereby set aside with directions that the appellant be discharged from the cause.

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PER CURIAM.

The appellant in this case seeks review of a conviction for the crime of alleged [898]*898grand larceny committed on October 29, 1966. Adjudication and sentence was withheld, pursuant to the authority of § 948.01 (3), Fla.Stat., F.S.A. We reverse.

The evidence fails to establish, beyond and to the exclusion of a reasonable doubt, that there was a felonious intent to commit larceny on October 29, 1966. This being a necessary ingredient to establish the crime of grand larceny and this record lacking such, we reverse upon the following authorities: Tedder v. State, 73 Fla. 861, 75 So. 783; Helton v. State, 135 Fla. 458, 185 So. 864; Maddox v. State, Fla. 1948, 38 So.2d 58; Ricard v. State, Fla. App.1966, 181 So.2d 677; Reid v. Florida Real Estate Commission, Fla.App.1966, 188 So.2d 846.

Therefore, the conviction here under review is hereby set aside with directions that the appellant be discharged from the cause.

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215 So. 2d 897, 1968 Fla. App. LEXIS 4884, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berzin-v-state-fladistctapp-1968.

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