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241 So. 2d 719

Marshall v. State

District Court of Appeal of Florida

Decided December 9, 1970

District Court of Appeal of Florida · decided 1970-12-09

Relies on Morgan v. State · 205 So. 2d 340 - Carson v. State

Decided 1970-12-09

PER CURIAM.

¶1Affirmed.

REED and OWEN, JJ., concur. *720WALDEN, J., dissents, with opinion.
WALDEN, Judge

¶2(dissenting):

¶3I would reverse because of the failure of the State to prove that the defendant stole a 19S7 Lincoln automobile, Serial No. 57WA147302, Florida Tag 17 M 115, from its owner C. E. Williams, d/b/a C & J Motors, as charged. The defendant is entitled to a reversal and a new trial upon the principles announced in Morgan v. State, Fla.App. 1966, 186 So.2d 795 and Carson v. State, Fla.App.1967, 205 So.2d 340.

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