Herdman v. State

District Court of Appeal of Florida

Herdman v. State

328 So. 2d 459, 1976 Fla. App. LEXIS 14836

CourtDistrict Court of Appeal of Florida

DecidedMarch 12, 1976

DocketNo. 74-1716

StatusPublished

Cited by1 cases

This text of 328 So. 2d 459 (Herdman 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.

Bluebook

Herdman v. State, 328 So. 2d 459, 1976 Fla. App. LEXIS 14836 (Fla. Ct. App. 1976).

Pincite

Opinion

OWEN, Judge.

Appellant was charged by information with obtaining property by means of a worthless check, proscribed by Fla.Stat. § 832.05(3) (1973). Convicted on his own guilty plea, he now contends that the information wholly failed to charge a criminal offense in that it did not specifically allege an intent to defraud. His reliance upon the case of Anderson v. Bryson, 94 Fla. 1165, 115 So. 505 (1927), is mispláced as the statute has been amended subsequent to that decision. In Ennis v. State, 95 So.2d 20 (Fla.1957), cert. den., 355 U.S. 868, 78 S.Ct. 117, 2 L.Ed.2d 74 (1957), which does not at all hold what United States v. Frazier, 444 F.2d 235 (5th Cir. 1971), said it did, an information substantially identical to the one in the case at bar, in which there was no allegation of an intent to defraud, was held to contain every essential element required by the statute.

AFFIRMED.

CROSS and DOWNEY, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

OWEN, Judge.

Appellant was charged by information with obtaining property by means of a worthless check, proscribed by Fla.Stat. § 832.05(3) (1973). Convicted on his own guilty plea, he now contends that the information wholly failed to charge a criminal offense in that it did not specifically allege an intent to defraud. His reliance upon the case of Anderson v. Bryson, 94 Fla. 1165, 115 So. 505 (1927), is mispláced as the statute has been amended subsequent to that decision. In Ennis v. State, 95 So.2d 20 (Fla.1957), cert. den., 355 U.S. 868, 78 S.Ct. 117, 2 L.Ed.2d 74 (1957), which does not at all hold what United States v. Frazier, 444 F.2d 235 (5th Cir. 1971), said it did, an information substantially identical to the one in the case at bar, in which there was no allegation of an intent to defraud, was held to contain every essential element required by the statute.

AFFIRMED.

CROSS and DOWNEY, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

328 So. 2d 459, 1976 Fla. App. LEXIS 14836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herdman-v-state-fladistctapp-1976.

Opinion

Related

Cite This Page — Counsel Stack