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STATE v. BERRY

No. 52220.

358 So.2d 545 (1978)

STATE of Florida, Petitioner, v. Mabel BERRY, Respondent.

Supreme Court of Florida.

Rehearing Denied June 5, 1978.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen. and Benedict P. Kuehne, Asst. Atty. Gen., West Palm Beach, and Charles W. Musgrove, Asst. Atty. Gen., Tallahassee, for petitioner.

Richard L. Jorandby, Public Defender, Jerry L. Schwarz and Craig S. Barnard, Asst. Public Defenders, West Palm Beach, for respondent.

BOYD, Justice.

The District Court of Appeal, Fourth District, has certified these two questions as being of great public interest:

Is the Florida Standard Jury Instruction entitled "Worthless Check — Obtaining Property F.S. 832.05(3)", set forth on pages 203 and 204 of the Second Edition, defective because it fails to instruct the jury that intent to defraud is an indispensable element of the crime of obtaining property in return for a worthless check...

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