SILVERSTRI v. STATE

No. 59-558.

122 So.2d 502 (1960)

Joseph V. SILVERSTRI, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

August 19, 1960.


Attorney(s) appearing for the Case

Palermo & Connelly, Miami, for appellant.

Richard W. Ervin, Atty. Gen., and Joseph Nesbitt, Asst. Atty. Gen., for appellee.


PEARSON, Judge.

Joseph V. Silvestri, the defendant, appeals from a judgment of guilty and sentence thereon upon information charging him with misapplication of funds constituting embezzlement, pursuant to § 84.07, Fla. Stat., F.S.A. We hold that the evidence fails to establish an essential element of the crime and reverse.

The crime defined in the statute while similar to embezzlement actually depends upon elements different from those constituting the...

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