Cooper v. State

Citations

• 83 Fla. 34
• 90 So. 693

Syllabus

<p>1. Where one is convicted upon an indictment charging him with breaking and entering the dwelling house of another with intent to commit a felony, to-wit: the larceny of property of more than the value of twenty dollars, and the court finds that the defendant is a suitable person to be committed, under the statute to the Florida Industrial- School for Boys, and in the order committing the defendant recites that he was charged with breaking and entering with intent to commit a misdemeanor, the error in describing the -offense in such order does not invalidate the judgment and sentence, but the judgment will be reversed with directions to amend the commitment in so far as to make it speak the truth as to the nature of the offense charged.</p> <p>2. Pushing open a door entirely closed is a sufficient breaking to sustain a conviction for breaking and entering a dwelling house.</p> <p>3. Possession of stolen articles so recently as fourteen days after the theft is sufficient evidence upon which to warrant the jury in inferring guilt on the part of the person in possession, in the absence of a satisfactory explanation of such possession of the stolen goods by him.</p> <p>4. Evidence examined and found sufficient to support the verdict.</p>