RONALD R. WARD, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• City OF Pensacola v. Kiplan Carlyle Owens, 369 So. 2d 328 (Fla. 1979)
  …use to believe that an offense had been committed. We agree with appellant and reverse. Owens v. City of Pensacola, 355 So. 2d 1266, 1267 (Fla. 1st DCA 1978). To resolve the issue in this case, we must examine Oosterhoudt v. Montgomery Ward & Co., 316 So. 2d 582 (Fla. 1st DCA 1975), cert. denied, 333 So. 2d 463 (Fla.1976). In Oosterhoudt, a woman entered a depart [*329] ment store intending to buy some writing materials. After purchasing an item, she picked up six felt writing pens and placed them between t…
• Wille v. Raymond, 487 So. 2d 1211 (Fla. 4th DCA 1986)
  …City of Pensacola v. Owens, 369 So. 2d 328 (Fla.1979), the Florida Supreme Court held it is the function of the court to determine whether probable cause existed for prosecution, disapproving the holding in Oosterhoudt v. Montgomery Ward & Company, 316 So. 2d 582 (Fla. 1st DCA 1975), that probable cause was a jury question. The Owens court called attention to the supreme court’s earlier holding in Glass v. Parrish, 51 So. 2d 717 (Fla.1951), approving an Indiana appellate court’s statement that what facts and…
• Klaus Robert Schaeper v. J. M. Fields, Inc., 362 So. 2d 350 (Fla. 1st DCA 1978)
  …ed shoplifter under § 901.34(1), Jefferson Stores v. Caudell, 228 So. 2d 99 (Fla. 3 DCA 1969), and since the question of probable cause in a malicious prosecution case is for the determination of the jury, Oosterhoudt v. Montgomery Ward & Co., Inc., 316 So. 2d 582 (Fla. 1 DCA 1975), the assistant state attorney’s testimony regarding probable cause invaded the province of the jury on both the false arrest and the malicious prosecution counts. We agree. The testimony of the assistant state attorney here told th…

Authorities Cited

• Clark v. State, 318 So. 2d 487 (Fla. 4th DCA 1975)