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BURTON v. STATE

No. 66-1059.

207 So.2d 465 (1968)

Marion D. BURTON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

On Rehearing March 13, 1968.

Attorney(s) appearing for the Case

Charles A. Gould, Jr., L.J. Cushman, Miami, for appellant.

Earl Faircloth, Atty. Gen., and Jesse J. McCrary, Jr., Asst. Atty. Gen., for appellee.

Before CHARLES CARROLL, C.J., and PEARSON and HENDRY, JJ.

PER CURIAM.

The appellant was adjudged guilty after a jury trial upon a charge of grand larceny. The information was framed pursuant to § 811.201 Fla. Stat., F.S.A., which includes larceny by making a false representation.

Appellant's main thrust on this appeal is that the State failed to prove a prima facie case in that it failed to prove a false representation in reliance upon which another person parted with...

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