PERRY v. STATE

No. F-173.

174 So.2d 55 (1965)

Robert Mitchum PERRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. First District.

Rehearing Denied May 4, 1965.


Attorney(s) appearing for the Case

George G. Phillips, Public Defender, for appellant.

Earl Faircloth, Atty. Gen., and James G. Mahorner, Asst. Atty. Gen., for appellee.


MURPHREE, JOHN A.H., Associate Judge.

The defendant has appealed from a judgment entered by the Court of Record of Escambia County, convicting and sentencing him for breaking without entering three telephone booths with the intent to commit petit larceny therein.

The principal question for our determination in this appeal is whether a telephone booth located outdoors is a "building" within the meaning of Section 810.05, Florida Statutes, F.S.A. As to such...

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