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106 Fla. 361

143 So 303

Lopez v. State

Supreme Court of Florida

Decided August 3, 1932

Supreme Court of Florida · decided 1932-08-03

Key passage — most relied on by later courts

“[A] store building of the Independent Wholesale Grocery, Mulberry, Florida, which said Independent Wholesale Grocery is owned by Mutual Stores, Inc.”

quoted by 1 later decision, including 360 So. 2d 142 - Black v. State

Relies on Smith v. State · Leslie v. State · Davis v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1932-08-03

How this case has been cited

Cited by 7 later decisions — most recently June 1978

7 state decisions

3019321940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Per Curiam.

¶1 The conviction herein was upon an information which alleges that the defendant "did unlawfully and feloniously break and enter a store building to-wit: store building of the Independent Wholesale Grocery, Mulberry, Florida, which said Independent Wholesale Grocery is owned by Mutual Stores, Inc., with intent to commit a felony to-wit: "store building.”

¶2 The name of the owner of the building which was broken and entered must be stated with accuracy. Pells v. State, 20 Fla. 774; Davis v. State, 51 Fla. 37, 40 So. 179; Vicente v. State, 55 Fla. 197, 63 So. 423; Burnes v. State, 89 Fla. *362 494, 104 So. 783; Davis v. State, 54 Fla. 34, 44 So. 757; Tilly v. State, 21 Fla. 242; Presley v. State, 61 Fla. 46, 54 So. 367; Smith vs. State, 96 Fla. 30, 117 So. 377; Dees v. State, 99 Fla. 1144, 128 So. 485; Kirtsinger vs. State, 99 Fla. 433, 126 So. 767; Leslie v. State, 35 Fla. 171, 17 So. 555.

¶3 The allegation as to ownership is “a store building of the Independent Wholesale Grocery, Mulberry, Florida, which said Independent Wholesale Grocery is owned by Mutual Stores, Inc.” Assuming that “Mutual Stores, Inc.” is a corporation, the allegation that the building broken and entered is a store building of the Independent Wholesale Grocery which said Independent Wholesale Grocery is owned by Mutual Stores, Inc., is merely an allegation that the Mutual Stores, Inc., owns the Independent Wholesale Grocery, no't the store building of the Independent Wholesale Grocery, and there is no allegation that the Independent Wholesale Grocery is a corporation. See Pells v. State, 20 Fla. 774. The allegation as to ownership of the store building- is insufficient to sustain a conviction that is challenged by writ of error.

¶4 Reversed.

Whitfield, P.J., and Terrell and Davis, J.J., concur. Buford, C.J., and Ellis and Brown, J.J., concur in the opinion and judgment.
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