¶1The trial judge recognized the requirement of Lampley v. State, Fla.App.1968, 214 So.2d 515, that there be evidence of scienter in a prosecution for uttering a forged instrument, but entered judgment of conviction after verdict because that case had not been followed in the Second District. We approve the language of Judge Charles Carroll’s opinion in that case and accordingly reverse and remand with directions to discharge the defendant.
228 So. 2d 629
Prough v. State
District Court of Appeal of Florida
Decided December 12, 1969
District Court of Appeal of Florida · decided 1969-12-12
Relies on 214 So. 2d 515 - Lampley v. State
Decided 1969-12-12