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MARSHALL v. STATE

No. 2665.

241 So.2d 719 (1970)

Fred Lee MARSHALL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 9, 1970.

Attorney(s) appearing for the Case

Robert G. Ferrell, III, Public Defender, and Ned N. Julian, Jr., Asst. Public Defender, Sanford, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and James M. Adams, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

REED and OWEN, JJ., concur.

WALDEN, J., dissents, with opinion.

WALDEN, Judge (dissenting):

I would reverse because of the failure of the State to prove that the defendant stole a 1957 Lincoln automobile, Serial No. 57WA147302, Florida Tag 17 M 115, from its owner C.E. Williams, d/b/a C & J Motors, as charged. The defendant is entitled to a reversal and a new trial...

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