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COLLINS v. STATE

No. 73-928.

319 So.2d 135 (1975)

Charles Edward COLLINS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 26, 1975.

Attorney(s) appearing for the Case

Thomas J. Hanlon, Tampa, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.

McNULTY, Chief Judge.

Appellant was convicted of attempted grand larceny. The charge was brought under the omnibus larceny statute,1 and the accusatory writ was framed in terms of attempted common law larceny as permitted by the statute. But the theory of the state's case was "larceny by trick" which, properly, may be brought under that statute.2 We think, however, that the state failed to make out its case...

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