HUBBELL v. STATE

No. 74-568.

312 So.2d 470 (1975)

Donald HUBBELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 16, 1975.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Kenneth J. Scherer, Asst. Public Defender, and David E. Horvath, Legal Intern, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and C. Marie Bernard, Asst. Atty. Gen., West Palm Beach, for appellee.


OWEN, Chief Judge.

Appellant was convicted of grand larceny of a sum of money. The two points on appeal involve (1) the admissibility of certain evidence, and (2) the court's instruction to the jury.

The Miramar Diner, located on State Road 7 in Broward County, is open twenty-four hours a day. The night cashier is on duty from midnight to 8 a.m. Near the end of her shift, she totalled the cash register for the night's receipts, and removed all of the cash...

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