Mayer v. State

OWEN, Judge.

In a two-count information filed in the Criminal Court of Record of Orange County, appellant was charged in the first count with larceny of a certain pistol of a value of more than $100, and in the second count with receiving and concealing such pistol knowing at the time that the same was stolen property. The two counts being by law inconsistent, Adams v. State, 1910, 60 Fla. 1, 53 So. 451; Ketelsen v. State, Fla.App.1968, 211 So.2d 853, the court granted the defendant’s motion requiring the state to elect at the outset of the trial as to which count it would prosecute.

The state…