SCOTT v. STATE

No. 2811.

137 So.2d 625 (1962)

Robert Earl SCOTT and Elmer K. Smith, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Second District.

February 9, 1962.


Attorney(s) appearing for the Case

Joseph E. Johnston, Jr., Brooksville, for appellants.

Richard W. Ervin, Atty. Gen., and Robert R. Crittenden, Asst. Atty. Gen., for appellee.


WHITE, Judge.

Appellants, Robert Earl Scott and Elmer K. Smith, were charged by information with breaking and entering with intent to commit a misdemeanor, to-wit, petit larceny, under § 810.05, F.S.A. Consequent upon jury trial both defendants were convicted as charged. This appeal ensued.

The record reveals that on March 31, 1961 the defendants hitchhiked through Brooksville, Florida, enroute from Tampa to Kentucky. By afternoon they had proceeded some...

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