Kessler v. State

Full title: VIOLA KESSLER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Oct 21, 1969

227 So. 2d 225 (Fla. Dist. Ct. App. 1969)

Opinion

No. 69-327.

October 21, 1969.

An Appeal from the Criminal Court of Record for Dade County; Jack M. Turner, Judge.

Gordon W. Taylor, North Miami, for appellant.

Earl Faircloth, Atty. Gen., and Harold Mendelow, Asst. Atty. Gen., for appellee.

Before PEARSON, C.J., and CHARLES CARROLL and SWANN, JJ.

PER CURIAM.

The circumstantial evidence upon which the jury's guilty verdict was based is insufficient to support the judgment of conviction of grand larceny. We therefore reverse that judgment and remand the cause with directions to discharge the appellant from custody. Cf. Rollins v. State, Fla.App. 1968, 211 So.2d 861; Davis v. State, Fla.App. 1968, 216 So.2d 28.

Reversed and remanded with directions.