CLAUDE BRONSON
v.
STATE OF FLORIDA
Claude Bronson, with others, was convicted in a trial on. an information charging the breaking and entering of a building with intent to commit grand larceny. From a study of the record we are of the' opinion that the state did not prove beyond a reasonable doubt that at the time the appellant broke and entered he entertained an intent to commit grand larceny, but there is ample testimony to establish the breaking and entering with intent to commit petit larceny; therefore, under the provisions of Section 310, Criminal Procedure Act (Section 924.34, Florida Statute, 1941), the judgment of the trial court is reversed “with directions . . . to enter judgment” for the latter offense.
Reversed.
BROWN, C. J., TERRELL, CHAPMAN and THOMAS, JJ., concur.
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Jalbert v. State, 95 So. 2d 589 (Fla. 1957)…es establish his guilt of a lesser offense necessarily included therein, we are authorized to reverse the judgment of the trial court with directions to enter judgment for such lesser offense and to pass sentence accordingly. Bronson v. State, 1942, 152 Fla. 28, 10 So. 2d 718. Accordingly the judgment appealed from is reversed with directions to the trial court to enter a judgment against the defendant-appellant for the offense of breaking and entering a dwelling house with the intent to commit a misdemea…
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