FRED LEE MARSHALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1970-12-09
No. 2665
REED and OWEN, JJ., concur., WALDEN, J., dissents, with opinion.
241 So. 2d 719 Florida District Court of Appeal, Fourth District (1970)

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed.

REED and OWEN, JJ., concur.

*720WALDEN, J., dissents, with opinion.

WALDEN, Judge

(dissenting):

I would reverse because of the failure of the State to prove that the defendant stole a 19S7 Lincoln automobile, Serial No. 57WA147302, Florida Tag 17 M 115, from its owner C. E. Williams, d/b/a C & J Motors, as charged. The defendant is entitled to a reversal and a new trial upon the principles announced in Morgan v. State, Fla.App. 1966, 186 So.2d 795 and Carson v. State, Fla.App.1967, 205 So.2d 340.

Dissent
WALDEN, Judge

WALDEN, Judge

(dissenting):

I would reverse because of the failure of the State to prove that the defendant stole a 19S7 Lincoln automobile, Serial No. 57WA147302, Florida Tag 17 M 115, from its owner C. E. Williams, d/b/a C & J Motors, as charged. The defendant is entitled to a reversal and a new trial upon the principles announced in Morgan v. State, Fla.App. 1966, 186 So. 2d 795 and Carson v. State, Fla.App.1967, 205 So. 2d 340.

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