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SMOAK v. STATE

87 So.2d 513 (1956)

John SMOAK, Appellant, v. The STATE of Florida, Appellee.

Supreme Court of Florida. En Banc.

May 18, 1956.

Attorney(s) appearing for the Case

Byrd V. Duke, Jr., Miami, for appellant.

Richard W. Ervin, Atty. Gen., and David U. Tumin, Asst. Atty. Gen., for appellee.

HOBSON, Justice.

The appellant Smoak was informed against for grand larceny, tried before the court without a jury (jury trial having been waived) and found guilty.

The State produced two witnesses, Miss Acerra and Miss Gottshall. The record discloses that the appellant Smoak was visiting Miss Gottshall at her apartment during the early hours of the morning on Sunday, November 21, 1954. Miss Acerra, Miss Gottshall's apartment mate, returned home from work...

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