Adams v. State

I do not read Ennis v. State, 95 So.2d 20 (Fla.1957), cert. den., 355 U.S. 868, 78 S.Ct. 117, 2 L.Ed.2d 74 (1957), as does the majority, as not requiring an intent to defraud. Ennis was concerned only with the constitutionality of Section 832.05, Florida Statutes (1955), which did not include within its provisions, as did a predecessor statute, the intent to defraud. The court was not confronted with a situation, as are we, in which a request to so instruct was declined. In two prior cases where the question was directly raised, Prince v. State, 333 So.2d 63 (Fla. 4th DCA 1976), cert. den.,…