PETER J. BAILER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PETER J. BAILER, APPELLANT,
STATE OF FLORIDA, APPELLEE
337 So. 2d 415
Florida District Court of Appeal, Fourth District (1976)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Appellant’s conviction of Obtaining Property in Return for Worthless Check, in violation of Section 832.05(3), Florida Statutes (1973), is reversed because of the trial court’s refusal to instruct the jury that intent to defraud is an indispensable element of this offense. Prince v. State, 333 So. 2d 63 (Fla. 4th DCA 1976).
REVERSED AND REMANDED for a new trial. MAGER, C. J., ALDERMAN, J., and DURANT, N. JOSEPH, JR., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Isham W. Adams, Jr. v. State, 356 So. 2d 346 (Fla. 1st DCA 1978)…ud into the statutory elements notwithstanding that the present statute omits reference to an intent to defraud but explicitly excepts innocent transactions of a certain character. Prince v. State, 333 So. 2d 63 (Fla. 4th DCA 1976); Bailer v. State, 337 So. 2d 415 (Fla. 4th DCA 1976); Berry v. State, 345 So. 2d 828 (Fla. 4th DCA 1977). We believe, to the contrary, that the Supreme Court silently retracted the Anderson dictum in Ennis v. State, 95 So. 2d 20 (Fla.1957), cert. den., 355 U.S. 868, 78 S.Ct. 117, 2…
Authorities Cited
- Wilson v. State, 333 So. 2d 63 (Fla. 1st DCA 1976)