BOB L. LUKE, APPELLANT,

v.

MORRISON FOOD SERVICES, INC., APPELLEE

Citator

Cited By (11 total)

• Elbert Roy Smith v. State, 463 So. 2d 542 (Fla. 5th DCA 1985)
  …ds that the trial court should have directed a verdict in his favor on the charge of shooting within an occupied dwelling, because the evidence showed that he shot at the victim’s dog, not at the [*546] dwelling itself. He relies on Golden v. State, 120 So. 2d 651 (Fla. 1st DCA 1960) as support for his position. Because the statute has been amended since the Golden decision so that it now proscribes shooting at, within or into a building, we have chosen not to follow that case. See Skinner v. State, 450 So. 2…
• State v. Kettell, 980 So. 2d 1061 (Fla. 2008)
  …the conflict can be traced back almost fifty years, when courts, in describing the intent required under the statute, first began to use the phrase, “shooting at or into a building per se.” A district court first used the phrase in Golden v. State, 120 So. 2d 651 (Fla. 1st DCA 1960). In that case, the defendant, while shooting at the victim, chased him into the victim’s home. One bullet struck the victim, but others lodged in various parts of the home. Concluding that the evidence showed that the defendant’s…
• Polite v. State, 454 So. 2d 769 (Fla. 1st DCA 1984)
  …n individual seated therein. Section 790.19, Florida Statutes, which prohibits throwing a missile at, within, or in an occupied vehicle, expressly requires that the prohibited act be done “wantonly or maliciously.” Relying on Golden v. State, [*771] 120 So. 2d 651 (Fla.lst DCA 1960), appellant argues that this requirement, and the specific intent necessary to establish a battery under § 784.03, Florida Statutes, are mutually exclusive elements such that both statutes may not be violated by a single act. In J…

Authorities Cited

• Food Fair Stores OF Fla., Inc. v. Patty, 109 So. 2d 5 (Fla. 1959)
• Castillo v. Baker's Shoe Stores, Inc., 115 So. 2d 427 (Fla. 2d DCA 1959)