MITCHELL v. STATE

No. 74-646.

317 So.2d 465 (1975)

Frederick N. MITCHELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 18, 1975.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Martin H. Colin, Asst. Public Defender, West Palm Beach, for appellant.

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


OWEN, Judge.

Appellant was convicted of breaking and entering a dwelling house with intent to commit a misdemeanor therein, to wit: petit larceny, contrary of Fla. Stat. § 810.05 (1973). The information charged that the dwelling house was the property of James Caris. The allegation of ownership in a prosecution for breaking and entering is material and must be proved as laid. Smith v. State, 96 Fla. 30, 117 So. 377 (1928); Stewart v. State,

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