Padgett v. State
| Decision Date | 14 September 1955 |
| Parties | N. W. PADGETT, Jr., Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida Supreme Court |
C. A. Avriett, Jasper, and Mack H. Padgett, Jacksonville, for appellant.
Richard W. Ervin, Atty. Gen., and John S. Lloyd, Asst. Atty. Gen., for appellee.
Appellant was indicted in two counts, each charging larceny of pulpwood of the value of $1,920, and each count being differently phrased, but both charging violations under Section 811.021, Florida Statutes, F.S.A. After trial, the jury returned a verdict of guilty on the second count which charged that appellant did unlawfully, designedly and by a false pretense, intend to defraud H. E. Cunio of a certain quantity of pulpwood. At the close of the evidence, appellant moved the Court to require the State to elect which of the two counts upon which it would stand. This Motion was denied. The ruling, however, was not assigned as error, and the State therefore contends that appellant's question raised in his Brief, predicated upon this ruling, is not properly before the Court.
The evidence reflects that the appellant visited R. E. Cunio in Mayo, Florida, for the purpose of discussing the purchase of pulpwood timber. At the time, H. E. Cunio was also visiting in Mayo, and the negotiations concluded with an oral agreement that appellant would purchase pulpwood timber belonging to H. E. Cunio located in Dixie County. Appellant represented himself to be the agent or representative of St. Mary's Kraft Corporation and stated that he did all the woodcutting for that firm. It was on the strength of this representation by the appellant that motivated the Cunio brothers to enter into the oral agreement with appellant. Subsequently, appellant did cut the timber from the land owned by R. E. Cunio, and the evidence reflects that for this timber R. E. Cunio was paid by appellant. During the same interval, appellant cut further timber from the land in Dixie County belonging to H. E. Cunio, out of which the larceny charge grew.
Appellant's version, among other things, was that he did not so represent himself as an agent of the St. Mary's Kraft Corporation, but stated that he told the Cunio brothers he was formerly with that company. Further, that he had paid the sum of $1,040 for thirteen carloads of pulpwood to a Wilbur Cason who was supposed to be the representative of the fee simple owners of the timber lands in Dixie County at the time the oral negotiations were taking place between the Cunios and appellant, but from which owners H. E. Cunio had an agreement for deed which subsequently resulted in fee simple title...
To continue reading
Request your trial
-
Jackson By and Through Whitaker v. Hertz Corp.
...was procured by fraud, through the use of a stolen credit card. This fraud vitiated Hertz's consent from the outset. See Padgett v. State, 82 So.2d 372 (Fla.1955) (where owner's consent procured by false pretense with intent to defraud, fraud vitiated owner's consent and taking amounted to ......
-
Stanton v. State
...to some unauthorized use with intent to permanently deprive the owner thereof." See Mehr v. State, 59 So.2d 259 (Fla.1952); Padgett v. State, 82 So.2d 372 (Fla.1955), and Casso v. State, 182 So.2d 252 (Fla. 2d DCA Appellant's second point urges error upon the failure of the court to require......
-
State v. Wells
...error, which is not set out in Appellant's assignments of error cannot be urged on appeal. 2 Fla.Jur., Appeals, Sec. 130; Padgett v. State, Fla.1955, 82 So.2d 372; Jalbert v. State, Fla.1957, 95 So.2d 589; Tracey v. State, Fla.1961, 130 So.2d See also Merrill v. State, 228 So.2d 305 (3rd D.......
-
Guzman v. State
...Perry v. State, 200 So. 525, 146 Fla. 187 (1941), whose function includes weighing the credibility of the witnesses, Padgett v. State, 82 So.2d 372 (Fla.1955); Randolph v. State, 526 So.2d 931 (Fla. 1st DCA), review denied, 536 So.2d 245 (Fla.1988); Pope v. State, 458 So.2d 327 (Fla. 1st DC......