Marsh v. State

SPAET, HAROLD B., Associate Judge.

Appellant, Alan Stewart Marsh, Sr., was charged, along with one, William Underwood, with the crimes of breaking and entering with intent to commit a felony, and grand larceny. Separate trials were had for each defendant.

The subject of the grand larceny was a safe transported from the premises of Loew’s 170th Street Theater in Dade County, Florida.

The safe was taken from the appellant’s automobile, by police officers, who saw the safe on the back seat of the automobile uncovered and in plain view.

The appellant testified in his own behalf and explained his…