Citation Numbers: 85 Fla. 193
Judges: Browne, Conciir, Ellis, Taylor, West, Whitfield
Filed Date: 2/23/1923
Status: Precedential
Modified Date: 9/22/2021
Upon trial on an information charging in three counts the statutory offense of receiving stolen goods “all of the value of more than $50.00,” knowing them to have been stolen, the court denied a motion to require the State to elect on which count the prosecution would proceed, and the defendant on being found “guilty as charged” took writ of error to a judgment sentencing him to three years imprisonment in the State penitentiary. No error appears in the denial of the motion to elect between the counts since a conviction could properly be had on one or two or all of the counts, and the penalty would be determined by the value of the goods received by the defendant knowing them to. have been stolen. There
There is evidence legally sufficient to sustain the verdict, and errors, if any, in rulings upon testimony and in giv- . ing and refusing charges and other proceedings could not reasonably have prejudiced the defendant in the trial.
No harmful errors appearing the judgment is affirmed.