AUSTIN v. WAINWRIGHT

No. 73-1350.

305 So.2d 845 (1975)

Conrad J. AUSTIN, Petitioner, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

January 10, 1975.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Kenneth J. Scherer and Elliot R. Brooks, Asst. Public Defenders, West Palm Beach, for petitioner.

Robert L. Shevin, Atty. Gen., Tallahassee, and Anthony J. Golden, Asst. Atty. Gen., West Palm Beach, for appellee.


WALDEN, Judge.

Defendant was charged with a felony, larceny of a motor vehicle. He was tried by jury and thereafter sentenced to five years in the state prison. Defendant appeals. We reverse.

The single appellate point is:

Were the trial court's instructions to the jury in error in that a material element of the crime charged was omitted.

The problems arises from the court's charge to the jury as...

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