WILLIAM G. HIGH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
This case differs from Jackson v. State, Fla.App.2d 1972, 259 So.2d 739 (opinion filed’ March 15, 1972) only in that the telephone booth which the appellant was accused of entering without breaking was outside of any other building. As in Jackson there is no showing of non-consent of the owner. It was a phone booth clearly accessible to the public. Of course, High may be guilty of taking money from a coin-operated vending machine pursuant to Fla.Stat. § 877.08, F.S.A. or an attempt to do so, but this record does not disclose a violation of Fla.Stat. § 810.05, F.S.A. For the reasons stated by Chief Judge Pierce in Jackson and Judge McNulty in his special concurrence, the judgment appealed from is reversed.
PIERCE, C. J., and LILES, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. High, 281 So. 2d 356 (Fla. 1973)…CARLTON, Chief Justice: This cause is before us on petition for writ of certiorari to review a decision of the District Court of Appeal, Second District, reported at 260 So. 2d 549. We have jurisdiction pursuant to Article V, Section 3(b)(3), Fla.Const.F.S.A. This cause is very similar to State v. Jackson, 281 So. 2d 353, our opinion in which is also filed this date. Jackson involved a conviction for breaking and entering a t…
Authorities Cited
- Burns v. State, 259 So. 2d 739 (Fla. 2d DCA 1972)
- Horsemen's Specialty Co., Inc. v. Chuck Hodge, 259 So. 2d 739 (Fla. 1st DCA 1972)