ALLAN L. DHONAU, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ALLAN L. DHONAU, APPELLANT,
STATE OF FLORIDA, APPELLEE
276 So. 2d 503
Florida District Court of Appeal, Fourth District (1973)
Positive Treatment
Cited by 1 case
Opinion of the Court
Upon a review and consideration of the record on appeal, briefs and oral argument we are of the opinion that the evidence is insufficient to sustain a conviction of larceny by false pretences; the evidence at most established only that appellant obtained certain articles of clothing on credit *504upon a promise to pay at a future date, which promise he did not fulfill. Cf. Youngker v. State, Fla.App.1968, 215 So.2d 318; Benefield v. State, Fla.App.1963, 151 So.2d 650; 14 Fla.Jur. False Pretenses and Cheats Section 4, et seq. Accordingly, the judgment of conviction is reversed, the sentence set aside and the defendant ordered to be discharged.
CROSS, OWEN, and MAGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Biederman v. State, 392 So. 2d 982 (Fla. 4th DCA 1981)…n for larceny by false pretenses. A false representation of a past or existing fact is essential to charge this particular crime. Scarlett v. State, 25 Fla. 717, 6 So. 767 (1889); Martin v. State, 379 So. 2d 179 (Fla. 1st DCA 1980); Dhonau v. State, 276 So. 2d 503 (Fla. 4th DCA 1973); Youngker v. State, 215 So. 2d 318 (Fla. 4th DCA 1968). The State conceded that the alleged false representations herein referred to promises to perform future acts. The trial court, therefore, erred in denying Biederman’s and Tu…
Authorities Cited
- Youngker v. State, 215 So. 2d 318 (Fla. 4th DCA 1968)
- Benefield v. State, 151 So. 2d 650 (Fla. 2d DCA 1963)