BORGHESE v. STATE

No. 63-275.

158 So.2d 785 (1963)

Benny John BORGHESE, a/k/a Robert B. Ludman, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

December 20, 1963.


Attorney(s) appearing for the Case

Harvey J. St. Jean, Miami Beach, for appellant.

Richard W. Ervin, Atty. Gen., and Herbert P. Benn, Asst. Atty. Gen., for appellee.

Before BARKDULL, C.J., and TILLMAN PEARSON and HENDRY, JJ.


HENDRY, Judge.

The appellant was tried and convicted of the offense of larceny of an automobile and appeals from the judgment and sentence.

The automobile in question was discovered parked in front of the appellant's home approximately 103 days after its alleged theft on October 19, 1962. Testimony was received at the non-jury trial that the appellant had commenced negotiations for the sale of the automobile to a third party sometime in January, 1963 and the...

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