Johnson v. State

BUFORD, J.:

The appellant being informed against by an information in three counts, each count charging violation of Section 849.09 Florida Statutes, 1941, (same F.S.A.), was tried and convicted under each of the three counts of the information.

On hearing for motion for new trial the court denied the motion as to the conviction under counts 1 and 2 of the information but granted the motion as to the third count on the ground “that the verdict is not sustained by the proof.” The third count of the information charged that Marion F. Johnson on the 28th day of July, 1945, in Lee County, Florida,…