Nogar v. State

ON REHEARING GRANTED

DEKLE, Justice.

We have for review on direct conflict certiorari1 the decision of the Fourth District Court of Appeal reported at 252 So.2d 301 (1971). Conflict is apparent with our decision in Mancini v. State, 273 So.2d 371 (Fla.1973) on the same point of law.

Our holding in Mancini requires here, as it did in that cause, that review of the sufficiency of the evidence may be considered upon the alternate basis of a motion for directed verdict presented to the trial judge, as well as upon the rule confirmed in this Court’s Owens v. State, 233 So.2d 389 (Fla.1970), following…