Townsend v. State
| Decision Date | 16 January 1912 |
| Citation | 57 So. 611,63 Fla. 46 |
| Parties | TOWNSEND v. STATE. |
| Court | Florida Supreme Court |
Headnotes Filed March 2, 1912.
Error to Criminal Court of Record, Walton County; C. O. Andrews Judge.
Josephine Townsend was convicted of embezzlement, and brings error. Reversed.
Syllabus by the Court
Where the count in an information charging embezzlement, upon which a party is tried and convicted, is based partly on section 3308 of the General Statutes of 1906, and partly on section 3309, which two sections embrace different bailees, a motion to quash the information should have been granted.
COUNSEL S. K. Gillis, for plaintiff in error.
Park Trammell, Atty. Gen., for the State.
Josephine Townsend was tried, convicted, and sentenced in the criminal court of record of Walton county on the third count of an information, which is as follows:
'And the said A. G. Campbell, county solicitor for the county of Walton, prosecuting for the state of Florida in said county, under oath further information makes that one Josephine Townsend, alias Josephine Townsell, late of the county of Walton, in the state aforesaid, on the 25th day of December in the year of our Lord one thousand nine hundred and ten, at and in the county of Walton aforesaid did then and there, having been intrusted with one gold certificate, lawful currency of the United States of America, of the denomination of fifty dollars, and of the value of fifty dollars, by one Martin Mayo, the owner of said gold certificate, she the said Josephine Townsend, alias Josephine Townsell, then and there being intrusted with the gold certificate for the purpose of examination, being so intrusted by said Martin Mayo, the owner thereof, did then and there unlawfully secrete the same, with intent then and there to unlawfully embezzle the same and fraudulently convert the same to her own use, the said property having been then and there intrusted and delivered to her as aforesaid, and being the subject of larceny, against the form of the statute in such case made and provided, and against the peace and dignity of the state of Florida.'
A motion was made to quash each count of the information, for that neither stated any offense against the laws of Florida, and the second and third counts were so drawn as to embarrass the defendant in her defense. This motion was denied, and the ruling assigned as error.
This third count seems to be based partly on section 3308 of the General Statutes, in that it charges the gold certificate to have been intrusted...
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...v. Hunt, 147 So.2d 548 (2nd DCA Fla.1962); Children's Bootery v. Sutker, 91 Fla. 60, 107 So. 345, 44 A.L.R. 698 (1926); Townsend v. State, 63 Fla. 46, 57 So. 611 (1912); In re Ratliff's Estate, 137 Fla. 229, 188 So. 128 (1939).4 Compare Chapter 70--240, Laws of Florida, 1970.5 State v. Calh......
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