EXCHANGE NATIONAL BANK OF TAMPA, A FLORIDA CORPORATION, AS ADMINISTRATOR OF THE ESTATE OF ADRIAN C. HONORE, DECEASED, ET AL., APPELLANTS,
v.
FLYNN-HARRIS-BULLARD COMPANY, A CORPORATION, APPELLEE
EXCHANGE NATIONAL BANK OF TAMPA, A FLORIDA CORPORATION, AS ADMINISTRATOR OF THE ESTATE OF ADRIAN C. HONORE, DECEASED, ET AL., APPELLANTS,
FLYNN-HARRIS-BULLARD COMPANY, A CORPORATION, APPELLEE
95 Fla. 737
Florida Supreme Court (1928)
Caution
Also reported at: 116 So. 629
Cited by 96 cases
Opinion of the Court
Per Curiam.
The decrees herein are affirmed on the authority of Exchange National Bank of Tampa, as Administrator, et al., v. Clark-Ray-Johnson Company, this day decided.
Whitfield, P. J., and Terrell and Buford, J. J., concur. Ellis, C. J., and Strum and Brown, J. J., concur in the opinion and judgment.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (24 total)
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Roe v. State, 96 Fla. 723 (Fla. 1928)…n ingredient of the statutory crime. 5 C. J. 563, and cases cited. And this Court has often held that in prosecutions under our burglary statutes, it is essential to the indictment that ownership of the building entered be alleged. Addison v. State, 95 Fla. 737, 116 So. R. 629. But it would appear that where the burning of a building, with a specific intent, and regardless of whether it was owned by the offender or not, is made the gist of a statutory offense, an allegation of ownership might not be absolu…
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In the Interest of M. E., 370 So. 2d 795 (Fla. 1979)…ding entered must be proven as laid since it is a material element of the crime. Smith v. State, 96 Fla. 30, 117 So. 377 (1928). Under various circumstances, however, the ownership may be laid equally well in one person or another. Addison v. State, 95 Fla. 737, 116 So. 629 (1928). The purposes of the requirement of an allegation of ownership in a burglary charge are to prove the premises were not the property of the ac [*797] cused, inasmuch as one cannot commit the offense of breaking and entering his ow…
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Hunt v. State, 200 So. 2d 212 (Fla. 3d DCA 1967)…3 (1931); (2) protect the accused against a second prosecution for the same crime, Gagne v. State, Fla.App.1962, 138 So. 2d 90, and (3) to avoid misleading or embarrassing the accused in the preparation of his defense. Addison v. State, 95 Fla. 737, 116 So. 629 (1928). The facts of this case do not support appellant’s contention that the proof was insufficient to establish ownership. Affirmed.…
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