Smolen v. State

WALDEN, Judge.

Al Smolen and Joel Courtman were charged, tried and adjudged guilty of the crime of uttering a worthless check under F.S.A. § 832.05(3). They appeal. We reverse.

Our consideration is addressed to the trial court’s instructions to the jury. Uncertainty and confusion attended this trial step.

F.S.A. § 832.05(2) defines and provides for one certain crime entitled, “Worthless checks; penalty.” F.S.A. § 832.05(3) defines and provides for another certain crime entitled, “Obtaining property in return for worthless checks, etc.; penalty.” The two crimes, while alike in some particulars,…