LOWE v. STATE

Nos. Y-138, Y-455.

325 So.2d 33 (1976)

Thomas Malcolm LOWE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

January 16, 1976.


Attorney(s) appearing for the Case

Richard W. Ervin, III, Public Defender, and Louis G. Carres, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Carolyn M. Snurkowski, Asst. Atty. Gen., for appellee.


SMITH, Judge.

Appellant was convicted of breaking and entering an automobile with intent to commit larceny, in violation of § 810.051, F.S. 1973. He was simultaneously acquitted of charges in a second count that, in violation of § 814.03, F.S. 1973, he willfully and without authority took possession of and took away the same automobile which belonged to another. Error is assigned in the trial court's refusal "to give the jury Appellant's requested instruction...

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