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276 So. 2d 194

Moore v. State

District Court of Appeal of Florida · decided 1973-04-13

Decided 1973-04-13

PER CURIAM.

¶1Affirmed.

REED, C. J., and OWEN, J., concur. WALDEN, J., concurs in part, dissents in part, with opinion.
WALDEN, Judge

¶2(concurring in part, dissenting in part) :

¶3I respectfully dissent from that portion of the majority judgment which affirms in*195sofar as it approves the appellant’s judgment and conviction of breaking and entering Carl’s Furniture Store with intent to commit a felony, to-wit: grand larceny. In my opinion the evidence, circumstantial as it was, was insufficient as a matter of law to show the defendant’s guilt beyond and to the exclusion of a reasonable doubt. 13 Fla.Jur., Evidence, §§ 417 and 435.

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