Legal Opinion

Eagle v. State

District Court of Appeal of Florida

Decided December 20, 1972No. 72-383PublishedCited by 3 opinions

1Per curiam

Appellant-defendant, Ray Garrett Eagle, was charged by information with receiving stolen property, tried by jury, convicted, adjudged guilty by the court and sentenced to a term of imprisonment. Hence this appeal. The thrust of the appeal is that the judgment is defective and the imposition of sentence illegal.

The judgment failed to recite that appellant received the property with knowledge of its stolen character. Such a judgment is defective in omitting a material element of the offense as charged. Mathis v. State, 134 Fla. 352, 184 So. 89 (1938); Biesendorfer v. State, 227 So.2d 322…

2Cases cited3 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. Biesendorfer v. StateDistrict Court of Appeal of Florida · 1969
  3. Mathis v. StateSupreme Court of Florida · 1938

3Cited by3 opinions

  1. Spurlock v. StateDistrict Court of Appeal of Florida · 1973
  2. Kirkland v. StateDistrict Court of Appeal of Florida · 1978
  3. Tadlock v. StateDistrict Court of Appeal of Florida · 1977

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