Dhonau v. State

Upon a review and consideration of the record on appeal, briefs and oral argument we are of the opinion that the evidence is insufficient to sustain a conviction of larceny by false pretences; the evidence at most established only that appellant obtained certain articles of clothing on credit *504upon a promise to pay at a future date, which promise he did not fulfill. Cf. Youngker v. State, Fla.App.1968, 215 So.2d 318; Benefield v. State, Fla.App.1963, 151 So.2d 650; 14 Fla.Jur. False Pretenses and Cheats Section 4, et seq. Accordingly, the judgment of conviction is reversed, the sentence set…