HORTON
v.
STATE
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Opinion text not available.
On Rehearing. The case was tried by the court without the intervention of a jury. There was ample evidence to sustain the finding of the court. We find no error in the record, and the judgment is affirmed.
Affirmed.
On Rehearing. No brief having come to the court on the original submission of this case, on the authority *Page 190 of Simmons v. State, ante, p. 153, 82 So. 643, no opinion was prepared.
On rehearing, counsel for appellant files brief, correctly setting forth the law on the doctrine of election. The state having elected to prosecute the defendant for having possession of prohibited liquors at the time "whisky was found in the woodhouse," would only be entitled to a conviction upon evidence establishing that fact The witness Rigsby testified:
"I found two quarts, and a pint and a quart bottle half full of white corn whisky. The full quarts were red whisky and the pint was red whisky. * * * Bates got the two full quarts, and I got the corn whisky, at the same time in the woodhouse, about 25 feet from Ada's house."
Bates testified that he found two quarts and a pint of whisky in defendant's room at the time Rigsby found the white whisky, the white whisky being in a quart bottle half full. That fixed the time as elected by the state.
Application overruled.
Opinion text not available.
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Senfeld v. The Bank of Nova Scotia Tr. Co. (cayman) Ltd., 450 So. 2d 1157 (Fla. 3d DCA 1984)…unauthorized act which deprives an [*1161] other of his property4 permanently or for an indefinite time. See Star Fruit Co. v. Eagle Lake Growers, Inc., 160 Fla. 130, 33 So. 2d 858 (1948). See also West Yellow Pine Co. v. Stephens, 80 Fla. 298, 304, 86 So. 241, 243 (1920) (“[T]he essential elements of a conversion is [sic], a wrongful deprivation of property to the owner, and neither manucaption nor asportation is an essential element thereof.”); Quitman Naval Stores Co. v. Conway, 63 Fla. 253, 58 So. 840…
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Gen. Fin. Corp. OF Jacksonville, Inc. v. Sexton, 155 So. 2d 159 (Fla. 1st DCA 1963)…n part, reversed in part, and remanded. CARROLL, DONALD, K., Acting Chief Judge and WIGGINTON, J., concur. . Star Fruit Co. v. Eagle Lake Growers, Inc., 160 Fla. 130, 33 So. 2d 858 (1948). . Ibid. . West Yellow Pine Co. v. Stephens, 80 Fla. 298, 86 So. 241 (1920). . Chapter 319, Florida Statutes, F.S.A. . Anderson v. Burwell Motor Co., 73 So. 2d 822 (Fla.1954). . Winn & Lovett Grocery Co. v. Archer, 126 Fla. 308, 171 So. 214 (1936). . Ibid.…
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