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128 Fla. 202

174 So 333

Alvarez v. State

Supreme Court of Florida

Decided May 12, 1937

Supreme Court of Florida · decided 1937-05-12

Cited by 4 later decisions — most recently June 1967

4 state decisions

Relies on Pippin v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1937-05-12

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Per Curiam.

¶1 The judgment'of conviction is reversed on the authority of Pippin v. State, 102 Fla. 1124, 136 Sou. Rep. 883, for omission of the information, filed under Section 7157 C. G. L. charging robbery while armed with a *203 dangerous weapon, to allege the ownership of the property therein described as the object of; the robbery, or in lieu thereof that the owner thereof was unknown, as required under that decision. Such ownership, when alleged, may consist of a general or special property in the subject matter, but a complete omission of all allegation of ownership cannot be upheld as against a motion to quash duly and timely interposed in a case of this kind.

¶2 Reversed.

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