Brinker v. State

Defendant was convicted of grand larceny, the item being a television set which at the time was said to be in the custody of a common carrier. Defendant appeals. We reverse and remand for a new trial.

The problem is the identity and ownership of the set in question. Such matters must be proven to support a conviction. State v. Anders, Fla.1952, 59 So.2d 776; Haines v. State, Fla.App.1959, 113 So.2d 601; and Davis v. State, Fla.App.1968, 216 So.2d 28. We have dissected the evidence on this account in detail and find that the serial number on the set and the shipping papers were different and…