WINIFRED HUEY KIMMONS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1971-01-12
Nos. N-441 and N-442
WIGGINTON, Acting C. J., CARROLL, DONALD K. and SPECTOR, JJ., concur.
242 So. 2d 723 Florida District Court of Appeal, First District (1971) Negative Treatment
Cited by 9 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

This cause having been orally argued before the Court, the briefs and record on appeal having been read and given full consideration, and the appellant having failed to demonstrate reversible error, the order of the lower court appealed from herein is affirmed. See Kimmons v. State, 178 So.2d 608 (Fla.App.1965).

WIGGINTON, Acting C. J., CARROLL, DONALD K. and SPECTOR, JJ., concur.

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  • Platt v. State, 291 So. 2d 96 (Fla. 2d DCA 1974)
    …urglary in this case. See, Channell v. State, Fla.App.2d 1958, 107 So. 2d 284; Todd v. State, Fla.App.3d 1966, 187 So. 2d 908; Miller v. State, Fla.App.2d 1968, 212 So. 2d 388. As stated by the First District Court of Appeal in Adams v. State, 1971, 242 So. 2d 723, directing the lower court to enter judgment of breaking and entering to commit petit larceny because the evidence was insufficient to support a finding of intent to commit grand larceny: “Nor was there evidence that there was extensive property lo…
  • Rumph v. State, 248 So. 2d 526 (Fla. 1st DCA 1971)
    …, any such inconsistency would not compel reversal. Harrell v. State, Fla.App.1967, 194 So. 2d 306; Goodwin v. State, 157 Fla. 751, 26 So. 2d 898 (1946); and State v. Trafficante, Fla.App.1961, 136 So. 2d 264.” In our recent case of Adams v. State, 242 So. 2d 723 (Fla.App.1971), the defendant was convicted of breaking and entering with intent to commit grand larceny. A co-defendant testified that the defendant had told her that he had to see someone about a television set, and they subsequently entered a gra…
  • Guerrero v. State, 289 So. 2d 396 (Fla. 1974)
    …and larceny. The petition reflected probable jurisdiction in [*397] this Court based upon a conflict between the instant decision and White v. State, 274 So. 2d 6 (4th DCA Fla.1973); Rumph v. State, 248 So. 2d 526 (3rd DCA Fla.1971); Adams v. State, 242 So. 2d 723 (1st DCA Fla.1971); Todd v. State, 187 So. 2d 908 (3rd DCA Fla.1966); and Channell v. State, 107 So. 2d 284 (2nd DCA Fla. 1958). Florida Constitution, Article V, Section 3 (b)(3), F.S.A. We issued the writ and dispensed with oral argument pursuant t…

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