Green v. State
| Decision Date | 27 September 1966 |
| Docket Number | No. 65-646,65-646 |
| Citation | 190 So.2d 614 |
| Parties | Michael A. GREEN, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Tobias Simon, Miami, for appellant.
Earl Faircloth, Atty. Gen., Herbert P. Benn, First Asst. Atty. Gen., and Arden M. Siegendorf, Asst. Atty. Gen., for appellee.
Before HENDRY, C. J., and BARKDULL and SWANN, JJ.
The defendant, Michael A. Green, appeals from a judgment and sentence following a conviction of grand larceny in a non-jury trial. The defendant and Louis Mayo, Jr., were charged under § 811.021, Fla.Stat., F.S.A. with obtaining $4,550.00 by false pretenses. The offense of obtaining property by false pretenses is encompassed in the larceny statute, § 811.021, supra. Louis Mayo, Jr. was found not guilty. The defendant was sentenced to three years in the state penitentiary.
The defendant was president of the International Maritime Corporation which was involved in the construction of boats. Louis Mayo, Jr. was sales manager of the corporation. In February, 1964, Howard Garry contracted with the International Maritime Corporation to build a twenty-three foot boat for approximately $4,550.00. Garry gave the corporation a deposit of $1,550.00, the balance to be paid upon delivery in April, 1964. In April, Garry returned and found that his boat was not even in the mold and that the employees of the corporation were on strike because they had not been paid in two or three weeks. After requesting the return of his deposit, Garry quoted the defendant, Green, as saying, 'How can I get you your money?' Instead, Green offered to sell him either of two boats which were already in the water. One was a new boat for which Green wanted $7,500.00; the other, a used demonstrator, was offered to Garry for an additional $3,000.00 over the deposit in cash in order that the corporation could meet its payroll. Garry, in order to save his deposit, purchased the demonstrator and on April 13, 1964, an agreement was signed by Green giving Garry 'clear bill of sale, clear title, free and clear of all liens' with a proviso that when the corporation completed a boat as described in the original contract, Garry could trade in the demonstrator on that boat. Garry testified that when he received the demonstrator there was no registration number on it, however, when he inspected it at his house he noticed that there was an impression of a registration number which had been removed. On June 11, 1964, the International Yacht Charter's Ltd., Inc., acting through its president, Rhoda Farr, obtained a final decree in admiralty proceedings giving it full title and right to possession of the boat which Garry had purchased. Garry did not get his money back from the defendant nor did he get a boat.
Rhoda Farr had delivered her boat, which was registered in the name of the International Yacht Charter's Ltd., Inc., to the defendant on January 16, 1964. The boat was to be used as part of the payment on a new boat which the International Maritime Corporation was to construct for her. Louis Mayo, Jr. signed an agreement for the defendant which indicated that the Farr boat could be offered for sale but could not be sold until delivery of the new boat or with the express written consent of Mrs. Farr. The Farr boat had a mortgage on it, and when delivered to the defendant it had a registration number on the hull. Mrs. Farr testified that the defendant did start a new hull for her but never progressed further. She became concerned and attempted to ascertain the whereabouts of the old boat from the defendant and Mr. Mayo; when queried, they would indicate that the boat was being shown to somebody or that they were repairing it.
On May 18, 1964, the defendant sold his corporation. On the previous day he permitted Mrs. Farr to remove the partially completed boat from his...
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