PETERS v. STATE


76 So.2d 147 (1954)

Lester PETERS, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida. En Banc.

November 30, 1954.


Attorney(s) appearing for the Case

Finch & Mosley, Clearwater, for appellant.

Richard W. Ervin, Atty. Gen., and John S. Lloyd, Asst. Atty. Gen., for appellee.


THOMAS, Justice.

The appellant was charged with breaking and entering a dwelling "in the nighttime * * * with intent * * * to commit a misdemeanor," was found guilty by the jury and adjudged guilty by the court, and was sentenced to a term of three years in state prison.

The information contained no allegation about the specific crime intended to be committed at the time of the breaking and entering. Obviously the information was framed under Section 810.07...

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