Jones v. State
District Court of Appeal of Florida
1DissentMills, Judge
I dissent. A long line of Florida Supreme Court and District Court of Appeal decisions establishes that despite the disjunctive character of the statute, the offenses of larceny and receiving stolen goods are separate and distinct. Where, as here, the same property, the same larceny and the same persons as principal are involved, they are legally inconsistent. A thief cannot be convicted of receiving, retaining, disposing of or aiding in the concealment of the same property stolen by him. Adams v. State, 60 Fla. 1, 53 So. 451 (1910); Bargesser v. State, 95 Fla. 404, 116 So. 12 (1928); Brizzie…
2Cases cited8 opinions
- Adams v. StateSupreme Court of Florida · 1910
- Bargesser v. StateSupreme Court of Florida · 1928
- Johnson v. StateDistrict Court of Appeal of Florida · 1969
- Ketelsen v. StateDistrict Court of Appeal of Florida · 1968
- Brizzie v. StateDistrict Court of Appeal of Florida · 1960
3 more not listed; retrieve them via the Exa API.