Alvarez v. State

May 12, 1937

Versions:174 So. 333

128 Fla. 202

1937 Fla. LEXIS 1237

Lead Opinion

Per Curiam.

The judgment'of conviction is reversed on the authority of Pippin v. State, 102 Fla. 1124, 136 Sou. Rep. 883, for omission of the information, filed under Section 7157 C. G. L. charging robbery while armed with a *203 dangerous weapon, to allege the ownership of the property therein described as the object of; the robbery, or in lieu thereof that the owner thereof was unknown, as required under that decision. Such ownership, when alleged, may consist of a general or special property in the subject matter, but a complete omission of all allegation of ownership cannot be upheld as against a motion to quash duly and timely interposed in a case of this kind.

Reversed.

Whitfield, P. J., and Brown and Davis, J. J., concur. Ellis, C. J., and Terrell and Buford, J. J., concur in the opinion and judgment.

Concurrence Opinion

Brown, J.

(concurring). — While I dissented in the Pippin case, that case settled the question involved here, unless and until there is additional legislation on the subject. I therefore concur.