Clark v. State

District Court of Appeal of Florida

Clark v. State

239 So. 2d 500

District Court of Appeal of Florida·Decided September 16, 1970·No. No. 69-30·Published·Cited by 1 cases

Opinions

LILES, Acting Chief Judge.

Appellant, defendant below, was found guilty under an Amended Information charging him with a prior conviction and keeping and possessing alcoholic beverages with intent to sell and without a license to sell and dispose of same contrary to F.S. 1965, § 562.12 and § 562.45, F.S.A.

The verdict did not comply with the requirements of Barnhill v. State, Fla.1949, 41 So.2d 329, so as to be sufficient to support a judgment and sentence for a felony.

For that reason we reverse and remand for further proceedings consistent with this opinion.

PIERCE, J., concurs. MANN, J., dissents with opinion.

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LILES, Acting Chief Judge.

Appellant, defendant below, was found guilty under an Amended Information charging him with a prior conviction and keeping and possessing alcoholic beverages with intent to sell and without a license to sell and dispose of same contrary to F.S. 1965, § 562.12 and § 562.45, F.S.A.

The verdict did not comply with the requirements of Barnhill v. State, Fla.1949, 41 So.2d 329, so as to be sufficient to support a judgment and sentence for a felony.

For that reason we reverse and remand for further proceedings consistent with this opinion.

PIERCE, J., concurs. MANN, J., dissents with opinion.

Clark v. State, 239 So. 2d 500 (Fla. Ct. App. 1970).

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