alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
C. M., SR. FATHER OF C. M., 

JR., minor child,

Appellant,

v.

FLORIDA DEPARTMENT OF 

CHILDREN AND FAMILIES,

Appellee.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D16-2399

_____________________________/

Opinion filed November 15, 2016.

An appeal from the Circuit Court for Leon County.

Karen A. Gievers, Judge.

Terry P. Roberts of Law Office of Terry P. Roberts, Tallahassee, for Appellant.

Kelley Schaeffer, Guardian ad Litem Program, Sanford, for Appellee.

PER CURIAM.

AFFIRMED.

LEWIS, ROWE, and KELSEY, JJ., CONCUR.
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THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM THE CONSOLIDATED BALANCE SHEETS AND CONSOLIDATED 
STATEMENTS OF OPERATIONS FROM THE COMPANY'S FORM 10-Q FOR THE 
QUARTERLY PERIOD ENDED JUNE 30, 1998, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
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<PERIOD-TYPE>             3-MOS
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<SECURITIES>                                    13,217,028
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</TABLE>
#### CARPENTER v. STATE.

No. 25511.

Court of Criminal Appeals of Texas.

Nov. 21, 1951.

No attorney on appeal for appellant.

George P. Blackburn, State’s Atty., of Austin, for the State.

DAVIDSON, Judge.

Receiving and concealing stolen property is the offense; the punishment, two years in the penitentiary.

The indictment alleged, in effect, that appellant on or about October 7, 1949, received from Thurman Gilley and did fraudulently conceal certain property, to wit: 2 tractor tires of the aggregate value of $51, belonging to and stolen from Floyd Hayes, appellant knowing that the property had been so acquired.

It will be noted that the tires are described in the indictment only in general terms, there being no allegation as to the size or other descriptive averments.

A necessary element of the offense charged is a showing of the acquisition of the property by theft. The sufficiency of the evidence to show this element of the offense is challenged.

James F. Hays, testifying, for the state, testified that in October of 1949, there was stolen off his tractor while it was stored in a shed at his farm in Kaufman County, among other things, the two rear tires, the reasonable cash market value of which was around forty-five or fifty dollars each.

Whether this witness was the one and same person and also known' as Floyd Hayes, the name of the alleged owner as stated in the indictment, is not shown, nor did the witness give any description of the tires stolen — that is, the size or make.

Thurman Gilley testified that during the month of October, 1949, he stripped a Ford tractor in Kaufman County, taking, among other things therefrom, the two back tires which he subsequently delivered to and hid in appellant’s barn; that about a week later appellant paid him fifty dollars for the stolen property.

Peace officers, accompanied by Gilley, went to the appellant’s barn and Gilley there showed them the tires he had stolen hidden under some hay in the barn.

*835What became oí the tires that were recovered is not disclosed by the record.

There is no testimony that either Floyd Hayes, the alleged owner named in the indictment, or James F. Hays, who testified in the case, identified the tires which were recovered as the tires that were stolen. The evidence furnishes no description of the tires that were stolen by which it could be said that the tires that were recovered were the stolen tires. Moreover, Gilley was an accomplice witness and there is an utter absence of any corroborating testimony that the tires he said he sold and delivered to appellant were, in fact, stolen tires.

The insufficiency of the evidence to support the conviction is apparent in the particulars mentioned.

The judgment is reversed and the cause remanded.

Opinion approved by the Court.
#### DUKES v. STATE.

No. 25534.

Court of Criminal Appeals of Texas.

Dec. 5, 1951.

Rehearing Denied Jan. 23, 1952.

*811No attorney on appeal for appellant.

George P. Blackburn, State’s Atty., of Austin, for the State.

DAVIDSON, Commissioner

The unlawful sale of whisky is the offense ; the punishment, a fine of $100.

In the absence of a'statement of the facts leading to this conviction, and no bills of exception appearing in the record, nothing is presented for the consideration of this court.

The judgment is affirmed.

Opinion approved by the Court