Legal Opinion

State v. Harris

District Court of Appeal of Florida

Decided July 2, 1976No. 76-430PublishedCited by 4 opinions

1Opinion of the Court

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…

2Cases cited2 opinions

  1. Fayerweather v. StateSupreme Court of Florida · 1976
  2. State v. McCurdyDistrict Court of Appeal of Florida · 1972

3Cited by4 opinions

  1. State v. CopherDistrict Court of Appeal of Florida · 1981
  2. State v. WeirDistrict Court of Appeal of Florida · 1986
  3. Ago, Florida Attorney General Reports1994
  4. State v. LindseyDistrict Court of Appeal of Florida · 1987

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