Ketelsen v. State
| Citation | 211 So.2d 853 |
| Decision Date | 02 July 1968 |
| Docket Number | No. 68--108,68--108 |
| Parties | Coleen Anita KETELSEN, Appellant, v. The STATE of Florida, Appellee. |
| Court | Court of Appeal of Florida (US) |
Joseph Pardo, Miami, for appellant.
Earl Faircloth, Atty. Gen. and David Cerf, Jr., Asst. Atty. Gen., for appellee.
Before CHARLES CARROLL, C.J., and PEARSON and BARKDULL, JJ.
On January 11, 1967, an information was filed which charged that the appellant did 'unlawfully, knowingly and feloniously buy, receive or aid in the concealment of certain stolen property,' described therein as two diamond rings owned by Doris D. Friedopfer. The information further alleged that the property was known by the accused to be stolen. The offense and the penalty therefor are set out in § 811.16 Fla.Stat., F.S.A.
On this appeal from the judgment of conviction the appellant contends the court erred in denying her motion to suppress certain evidence and her motions for directed verdict made at the close of the state's case and at the close of all the evidence, and that the statute of limitations had run on the offense charged.
The appellant's contention of insufficiency of the evidence has merit. Upon consideration of the record we are impelled to conclude that the evidence was insufficient to support the conviction.
Ownership of the property as alleged was required to be proved (Pelaez v. State, 107 Fla. 50, 144 So. 364). The evidence relating to that element was patently insufficient to meet that proof requirement. Nor was there evidence that the appellant had purchased the rings or that she had received them with knowledge that they had been stolen. See Ard v. State, 156 Fla. 313, 22 So.2d 819. We find an absence of evidence in the record that the appellant 'aided in the concealment' of the alleged stolen property.
The record reveals that in August of 1959 two rings owned by Mrs. Friedopfer, similar to the rings involved in this case, disappeared from her home. At that time the appellant was a lessee of a guest cottage on the residence premises of Mr. and Mrs. Friedopfer. On a certain day in August of 1959 Mrs. Friedopfer had removed her rings and placed them on a dresser in her bedroom. The appellant was in Mrs. Friedopfer's house that day. Mrs. Friedopfer was bathing her baby in the kitchen. While doing so she found need for some object which was in her bedroom, and the appellant went into the bedroom to get it for her. Thereafter the rings were missed, and Mrs. Friedopfer notified her insurer and the police.
Seven years later, while in a restaurant on Miami Beach at which the appellant was employed as a cashier, Mrs. Friedopfer observed on the appellant's hand the rings which are involved in this case. The appellant went to the ladies' room and removed the rings. Believing the rings were hers, Mrs. Friedopfer called the police. The appellant was put...
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Parnell v. State
...buying, receiving, and aiding in the concealment of stolen property, ownership of the property as alleged must be proven. Ketelsen v. State, Fla.App.1968, 211 So.2d 853. Ownership is a question of fact to be decided by a jury. Once the jury resolves this question against the defendant by a ......
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Cannon v. State, 73--272
...actually participated in the larceny. Metcalf v. State, 1929, 98 Fla. 457, 124 So. 427; Cf. Adams v. State, Supra; Ketelsen v. State, Fla.App.3rd, 1968, 211 So.2d 853; Thomas v. State, Fla.App.3rd, 1968, 216 So.2d Appellant also contends that there was a fatal variance between the allegatio......
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Leo v. State, CC--132
...held proof of G. G. Sirman's ownership was essential. In both Pelaez and Gray a new trial was ordered. See also Ketelsen v. State, 211 So.2d 853, 854 (Fla.3d DCA 1968) Although the holdings of Pelaez and Gray seem not to have been explicitly receded from, their force is blunted by decisions......
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Jones v. State, JJ-405
...So. 451 (1910); Bargesser v. State, 95 Fla. 404, 116 So. 12 (1928); Brizzie v. State, 120 So.2d 27 (Fla. 2d DCA 1960); Ketelsen v. State, 211 So.2d 853 (Fla. 3d DCA 1968); Thomas v. State, 216 So.2d 25 (Fla. 3d DCA 1968); Johnson v. State, 226 So.2d 884 (Fla. 2d DCA 1969); McWhirter v. Stat......