Legal Opinion

Biesendorfer v. State

District Court of Appeal of Florida

Decided October 29, 1969No. 2613PublishedCited by 6 opinions

1Opinion of the Court

OWEN, Judge.

Appellant was convicted in the Court of Record in and for Broward County of the criminal offense of receiving stolen property under F.S.1967, Section 811.16, F.S.A., and appeals from the judgment entered thereon.

The jury verdict found the defendant “guilty of the lesser included offense of receiving stolen property under the value of ONE HUNDRED ($100.00) DOLLARS.” This verdict was defective, Myers v. State, 1934, 115 Fla. 627, 155 So. 797; Harris v. State, 1907, 53 Fla. 37, 43 So. 311, but was never attacked by a proper motion in arrest of judgment. There is thus no judicial act…

2Cases cited5 opinions

  1. Harris v. StateSupreme Court of Florida · 1907
  2. Myers v. StateSupreme Court of Florida · 1934
  3. Mathis v. StateSupreme Court of Florida · 1938
  4. Perkins v. StateSupreme Court of Florida · 1936
  5. Flowers v. StateDistrict Court of Appeal of Florida · 1969

3Cited by6 opinions

  1. Spurlock v. StateDistrict Court of Appeal of Florida · 1973
  2. Eagle v. StateDistrict Court of Appeal of Florida · 1972
  3. Kirkland v. StateDistrict Court of Appeal of Florida · 1978
  4. State v. BiesendorferDistrict Court of Appeal of Florida · 1971
  5. Tadlock v. StateDistrict Court of Appeal of Florida · 1977

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