WALDEN v. STATE


83 So.2d 111 (1955)

Fred WALDEN, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida, Special Division A.

November 2, 1955.


Attorney(s) appearing for the Case

Donald N. Story, Bradenton, for appellant.

Richard W. Ervin, Atty. Gen., John S. Lloyd and David U. Tumin, Asst. Attys. Gen., for appellee.


HOBSON, Justice.

The only point we find it necessary to adjudicate in this case is raised by appellant's contention that the judgment and sentence were improper and should be set aside.

Appellant was charged with breaking and entering a store building with intent to commit a misdemeanor therein, to wit: petty larceny. He was found by the jury "guilty as charged." The court, however, adjudged him guilty of "burglary" and sentenced him to be confined at hard...

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