Berry v. State

Appellant was convicted of violation of Section 832.05(3), Florida Statutes (1975). The trial court instructed the jury in accordance with the Florida Standard Jury Instructions In Criminal Cases, using the appropriate instruction for violation of Section 832.05(3). The only issue is whether the trial court committed fundamental error, in view of the defense of good faith, by failing to also charge the jury that intent to defraud is an indispensable element of the crime of obtaining property in return for a worthless check.

This court has previously held that failure to give this additional…