O'MASTA v. STATE

No. 75-867.

336 So.2d 686 (1976)

William Robert O'MASTA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 27, 1976.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Craig S. Barnard, Asst. Public Defender, West Palm Beach, for appellant.

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


PER CURIAM.

Upon due consideration of the briefs, record on appeal and oral argument we are of the opinion that the trial court erred in denying defendant's motion for judgment of acquittal as to Count One of the information made after the close of the state's case. In particular, count one of the information charged that the defendant did "unlawfully draw, make, utter, issue and deliver" a worthless check on December 22, 1972 when in fact the check was dated December...

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