THOMAS DALY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the evidence was insufficient as a matter of law to sustain the conviction for conspiracy to commit grand larceny.
The appellant was convicted of conspiracy to commit grand larceny. The evidence showed he was a passenger in a car with alleged co-conspirators and wa…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Conspiracy To Commit Grand Larceny cases and more on FLexlaw
HOBSON, Acting Chief Judge.
Appellant Daly was convicted of the crime of conspiracy to commit grant larceny, adjudicated guilty and sentenced to serve five years in the State Prison.
In his appeal Daly urges reversal on the ground that the evidence was not sufficient to sustain the conviction. We agree.
The information charged Daly and two other persons with conspiracy to commit grand larceny. Neither of the alleged co-conspirators was tried with Daly, nor did they testify at his trial. There was testimony implicating the other two persons in a scheme wherein, posing as agents of Sears, Roebuck & Co., they sought to sell certain television sets and obtain the money from the intended victim without delivering the sets.
The evidence fell far short of establishing Daly’s participation in the conspiracy, however. The only evidence submitted to connect Daly with the crime was that he was a passenger in the automobile with one of the alleged co-conspirators while the other one was in a nearby phone booth attempting to obtain the money, and that Daly was in the same automobile with the other two when they were arrested. Additionally, the security manager for Sears testified that he thought he talked on the telephone with two persons about the transaction while one of the alleged co-conspirators stood nearby, but he was not sure, and did not identify Daly as one of those with whom he talked.
The evidence was insufficient as a matter of law to establish the conspiracy necessary for conviction. State v. Traffi-cante, Fla.App.2d, 1961, 136 So. 2d 264; Honchell v. State, Fla.1971, 257 So. 2d 889. The trial court erred in denying appellant’s motion for directed verdict. The conviction is, accordingly,
Reversed.
McNULTY and GRIMES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Williams v. State, 383 So. 2d 722 (Fla. 1st DCA 1980)…was no suggestion Wilson would share in the anticipated proceeds. The undercover policeman testified similarly. The evidence against Wilson, then, simply does not justify his convictions. Honchell v. State, 257 So. 2d 889 (Fla.1972); Daly v. State, 297 So. 2d 842 (Fla. 2d DCA 1974). [*725] John Thomas Williams raises the other five points on appeal, the first being that the judge erred by denying a requested jury instruction to the effect that when two or more persons conspire with a government agent with th…
-
State v. Sanchez, 398 So. 2d 847 (Fla. 2d DCA 1981)…ima facie case of guilt against Sanchez. Sanchez’ physical presence in the general area, without more, is insufficient as a matter of law to establish his participation in the conspiracy. Honchell v. State, 257 So. 2d 889 (Fla.1971); Daly v. State, 297 So. 2d 842 (Fla. 2d DCA 1974). We affirm the order of dismissal. AFFIRMED. BOARDMAN and DANAHY, JJ., concur.…
Authorities Cited
- Honchell v. State, 257 So. 2d 889 (Fla. 1971)
- State v. Trafficante, 136 So. 2d 264 (Fla. 2d DCA 1961)