82 Fla. 313 | Fla. | 1921
Information was filed in the Criminal Court of Record of Hillsborough County charging plaintiff in error and Frank Jones with breaking and entering a store building and with grand larceny. The information contains two counts, the first charging both defendants with breaking and entering, the second charging both with grand larceny. On a trial the verdict returned found Frank Jones guilty as charged on both counts and plaintiff in error guilty as charged in the second count only. To the judgment imposing sentence plaintiff in error took writ of error from this court.
The assignments of error raise the question of the sufficiency of the evidence to support the verdict convicting plaintiff in error of grand larceny. No other question is presented.
From the evidence it appears that plaintiff in error and his brother conducted a grocery store in the City of Tampa. Within a few blocks of this store was located a bakery where Jones, the other defendant, had formerly been employed, but at the time of the commission of the alleged offense he was not so employed. On a Saturday night, some time after the hour of midnight, plaintiff in error and Jones entered the bakery, took from it eight sacks of flour worth more than twenty dollars, loaded them in a truck which was owned and used by plaintiff in error and his brother in the conduct of their business, and took the flour to the home of plaintiff in error where it was found on Wednesday following by officers who were in search of it. Jones had previously been taken into custody. When the flour was found in the possession of plaintiff in error he was also taken into custody.
The theft and possession by plaintiff in error of the re: cently stolen property being shown, the questions of intent and reasonableness and credibility of the explanation of such possession were for the jury, and it appears from the verdict that they did not give such credence to the explanation made as to raise in their minds a reasonable doubt of guilt which may be inferred from his possession of the stolen property. Kirkland v. State, 82 Fla. 119, 89 South. Rep. 356; Wallace v. State, 76 Fla. 175, 79 South. Rep. 634; McDonald v. State, 56 Fla. 74, 47 South. Rep. 485; Jackson v. State, 49 Fla. 3, 38 South. Rep. 599; Leslie v. State, 35 Fla. 171, 17 South. Rep. 555.
There is nothing in the record to indicate that the jury were influenced by considerations outside the evidence. It is a case where the jury have rejected the explanation of the accused, accepted the State’s theory and convicted him. There is sufficient evidence of all the elements constituting the offense of which the plaintiff in error was convicted to support the verdict and the judgment will therefore be affirmed.
Affirmed.