State v. Harris

McNULTY, Chief Judge.

Appellee Harris was charged by information with auto theft in violation of § 814.03(1), F.S.1973,1 a felony, in that with the intent permanently to deprive the owner of his property he “willfully and without authority took possession” of a certain automobile belonging to Rent-A-Nichols Car, Inc. He filed a motion to dismiss the charge, apparently under the criminal law version of the summary judgment rule, viz. Rule 3.190(c)(4), in which it undisputedly appears that he had lawfully rented a car from Nichols for one week on May 27, 1973. On June 3 he timely returned and…