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216 So. 2d 84

Ausburn v. State

District Court of Appeal of Florida

Decided December 6, 1968

District Court of Appeal of Florida · decided 1968-12-06

Relies on Wright v. State · 163 So. 2d 30 - Fountain v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1968-12-06

How this case has been cited

Cited by 7 later decisions — most recently December 2012

7 state decisions

30196819701980199020002010decided

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.

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MANN, Judge.

¶1Ausburn and Mock had some blank checks on the account of Morris and Dale Atlantic Service. They drove together from Orlando to Lakeland, where Ausburn filled out the checks to fictitious payees. Mock went into the four stores they decided to “hit”, cashed the checks, returned to the car where Ausburn was waiting, and split the take with him.

¶2Can Ausburn lawfully be convicted of “uttering and publishing” a forged check under these circumstances? Yes. Aus-burn and Mock shared the dream of something for nothing, the scheme for getting it, the money they got. Now it is time for them to share the guilt and the punishment. Prather v. State, 182 So.2d 273 (Fla.App.1966); Fountain v. State, 163 So.2d 30 (Fla.App.1964).

¶3Affirmed.

LILES, C. J., and ALLEN, J., concur.
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