Grantz v. State

District Court of Appeal of Florida

Grantz v. State

268 So. 2d 572, 1972 Fla. App. LEXIS 6045

CourtDistrict Court of Appeal of Florida

DecidedAugust 7, 1972

DocketNo. 71-448

StatusPublished

Cited by2 cases

This text of 268 So. 2d 572 (Grantz 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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Grantz v. State, 268 So. 2d 572, 1972 Fla. App. LEXIS 6045 (Fla. Ct. App. 1972).

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REED, Chief Judge.

We have carefully considered each of the appellant’s seven points on appeal and conclude that none demonstrates reversible error. In his reply brief, the appellant advises this court that his fifth point presents a question of first impression, to-wit, whether a wife as a matter of law can be guilty of larceny of her husband’s separate property. We answer the question in the affirmative on the rationale explicated in State v. Herndon, 1946, 158 Fla. 115, 27 So.2d 833. We also conclude that the trial judge’s instruction on this question was adequate.

The judgment and sentence appealed from are affirmed.

Affirmed.

MAGER, J., concurs. WALDEN, J., dissents in part, concurs in part.

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REED, Chief Judge.

We have carefully considered each of the appellant’s seven points on appeal and conclude that none demonstrates reversible error. In his reply brief, the appellant advises this court that his fifth point presents a question of first impression, to-wit, whether a wife as a matter of law can be guilty of larceny of her husband’s separate property. We answer the question in the affirmative on the rationale explicated in State v. Herndon, 1946, 158 Fla. 115, 27 So.2d 833. We also conclude that the trial judge’s instruction on this question was adequate.

The judgment and sentence appealed from are affirmed.

Affirmed.

MAGER, J., concurs. WALDEN, J., dissents in part, concurs in part.

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268 So. 2d 572, 1972 Fla. App. LEXIS 6045, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grantz-v-state-fladistctapp-1972.

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