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SMOLEN v. STATE

Nos. 537, 538.

188 So.2d 861 (1966)

Al SMOLEN, Appellant, v. STATE of Florida, Appellee. Joel COURTMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Fourth District.

July 15, 1966.

Attorney(s) appearing for the Case

Milton E. Grusmark and Irwin Oster, Miami Beach, for appellants.

Earl Faircloth, Atty. Gen., Tallahassee, and James T. Carlisle, Asst. Atty. Gen., Vero Beach, for appellee.

WALDEN, Judge.

Al Smolen and Joel Courtman were charged, tried and adjudged guilty of the crime of uttering a worthless check under F.S.A. § 832.05(3). They appeal. We reverse.

Our consideration is addressed to the trial court's instructions to the jury. Uncertainty and confusion attended this trial step.

F.S.A. § 832.05(2) defines and provides for one certain crime entitled, "Worthless checks; penalty." F.S.A. § 832.05(3) defines and...

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