Butler v. State

Citations

• 35 Fla. 246

Syllabus

<p>CRIMINAL LAW — WHAT PROOF OF OWNERSHIP BY CORPORATION SUFFICIENT IN LARCENY — REPETITION OF INSTRUCTIONS.</p> <p>1. Where an indictment for receiving stolen goods alleges the ownership of the stolen goods to be in an incorporated company therein named, it is unnecessary to prove the technical legality of the incorporation of such company. The indictment in such-cases is sufficient if it alleges simply that the owner is a corporation, and the proof to sustain such allegation is sufficient if it shows that the alleged corporate owner is a corporation de facto, actually doing business as such.</p> <p>2. It is not error for the court to refuse an instruction that has already been given in substance, although such refused instruction announces the law correctly.</p>