Wood v. State

BUFORD, C. J.:

Hayes Wood was informed against in the Criminal Court of Record of Dade County, Florida. The information was in seven (7) counts.

Before trial the State entered nolle proseque as to Counts 5, 6 and 7. The 1st and 3rd Counts of the information charged embezzlement under the provisions of Section 812.10 F.S. 1941. Counts 2 and 4 each at most charged the offense denounced by Section 839.03 F.S. 1941 (same F.S.A.) Neither count can be said to charge embezzlement because neither count alleges that the money involved was withheld by Wood with intent to convert same to his. own use,…