MILLER v. STATE

No. 65-422.

187 So.2d 51 (1966)

Theo MILLER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied June 21, 1966.


Attorney(s) appearing for the Case

Engel, Pollack, Lurie & Lesperance, Miami, and Richard Karl Goethel, Coral Gables, for appellant.

Earl Faircloth, Atty. Gen., and Arden M. Siegendorf, Asst. Atty. Gen., for appellee.

Before PEARSON, CARROLL and SWANN, JJ.


PEARSON, Judge.

Theo Miller, was found guilty of breaking and entering a building with intent to commit a misdemeanor. He has appealed the judgment and presented four points for consideration.

Only the first point merits discussion. It is that the evidence was insufficient to sustain the conviction because there was no proof that the appellant entered the building.

An officer of the Dade County Sheriff's Department observed a 1954 Chrysler automobile...

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