WEBSTER v. STATE

No. 74-1673.

313 So.2d 432 (1975)

Donald E. WEBSTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 14, 1975.


Attorney(s) appearing for the Case

John C. Englehardt of Law Firm of Thomas Kirkland, Orlando, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Stephen R. Koons, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

Affirmed.

MAGER and DOWNEY, JJ., concur.

OWEN, C.J., dissents.

OWEN, Chief Judge (dissenting).

The appellate issue is whether the evidence is legally sufficient to sustain the conviction of uttering a forgery, Fla. Stat. § 831.02 (1973).

The instrument, a check, was not forged although the endorsement of the payee was a forgery. I find no evidence, either direct or circumstantial, to contradict appellant's testimony...

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