HAROLD HUNT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the State sufficiently proved ownership of the property taken in a robbery conviction.
The appellant was convicted of robbing a grocery store. The information alleged the property belonged to 'Clara W. George, d/b/a George’s Market'. The…
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The appellant was tried and convicted of a robbery of a grocery store. On this appeal reversal is claimed upon the argument that the State failed to prove the ownership of the property. Appellant relies on Pippin v. State, 1931, 124 Fla. 1124, 136 So. 883 and Alvarez v. State, 128 Fla. 202, 174 So. 333 (1937).
The information alleged that the property taken was the property of “Clara W. George, d/b/a George’s Market”. The State proved that the property taken was cash from the cash register and a part of the stock of goods of a grocery store known as George’s Market which was owned by Clara W. George. The evidence was sufficient.
In each of the cases cited by the appellant, the court discussed the sufficiency of an indictment or information where allegations of ownership are necessary. The allegations of ownership should be sufficient enough to (1) establish that the property was not that of the accused, Pippin v. State, 102 Fla. 1124, 136 So. 883 (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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Cited By (14 total)
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Williams v. State, 239 So. 2d 127 (Fla. 4th DCA 1970)…ecretes, withholds or appropriates to his own use, or that of any other person other than the true owner * * * the property in question.’ § 811.021(1) (a), Fla.Stat., F.S.A.; Gaynor v. State, Fla.App.1967, 196 So. 2d 19; Hunt v. State, Fla.App.1967, 200 So. 2d 212.”…
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Gavin v. State, 259 So. 2d 544 (Fla. 3d DCA 1972)…nishment for the crime of assault with intent to commit first degree murder. As to appellant’s second point concerning whether a prima facie case was made out as to robbery, we find that it is without substantial merit. Hunt v. State, Fla.App.1967, 200 So. 2d 212. We have considered the briefs and oral argument in the light of the record. No reversible error having been made to appear the convictions and sentences are affirmed. Affirmed. BARKDULL, C. J., concurs only in the judgment.…
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Mitchell v. State, 317 So. 2d 465 (Fla. 4th DCA 1975)…establish that the dwelling was not that of the accused, (2) to protect the accused against a second prosecution for the same crime, (3) to avoid misleading or embarrassing the accused in the preparation of his defense. Hunt v. State, Fla.App.1967, 200 So. 2d 212. Moreover, it cannot be said at the time of consideration of defendant’s motions for judgment of acquittal that the evidence was not legally sufficient to prove ownership or that there was no evidence from which a jury could have resolved the issue…
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Exch. Nat'l Bank of Tampa v. Flynn-Harris-Bullard Co., 95 Fla. 737 (Fla. 1928)
- Pippin v. State, 102 Fla. 1124 (Fla. 1931)
- Confederation Life Ass'n v. Porfirio Pendas Garra, 138 So. 2d 90 (Fla. 3d DCA 1962)
- Alvarez v. State, 128 Fla. 202 (Fla. 1937)