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107 Fla. 382

144 So 839

Torr v. State

Supreme Court of Florida

Decided December 6, 1932

Supreme Court of Florida · decided 1932-12-06

Relies on Percifield v. State · Dean v. State · Cooper v. State

Decided 1932-12-06

Per Curiam.

¶1 Even if the information herein charges an offense under the statute when the essential language of the statute or its equivalent is not used in the information, the judgment of conviction of larceny of an automobile is predicated upon evidence that does not show a taking with felonious intent; and a new trial should have been granted. See Percifield v. State, 93 Fla. 247, 111 So. 379; Dean v. State, 41 Fla. 291, 26 So. 628; Cooper vs. State, 82 Fla. 365, 90 So. 375.

¶2 Eeversed.

Whitfield, P. J., and Terrell and Davis, J. J., concur. Brown, J., concurs in the opinion and judgment.

¶3 Filed under Eule 21-A.

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