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Mallah v. State

Benjamin MALLAH and Salvatore Albert Panico v. STATE of Florida

Mallah v. State, 121 So. 2d 667 (Fla. Dist. Ct. App. 1960)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
June 16, 1960
Docket
No. 59-588
Judges
Carroll, Chas, Horton, Pearson
Citations
121 So. 2d 6671960 Fla. App. LEXIS 2261

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

PER CURIAM.

Benjamin Mallah and Salvatore Albert Pánico appeal from judgments and sentences pursuant to a verdict of guilty upon a trial for the crime of unlawfully and feloniously entering without breaking a dwelling house with intent to commit a misdemeanor, to wit: petit larceny. They present two points in their argument: The first urges that certain evidence was improperly admitted because it was obtained by an illegal search. The second urges that the state failed to prove any cash value for the goods allegedly stolen.

Upon the first point it affirmatively appears from the record that the evidence to which objection was made was obtained by search of an automobile in which appellants were riding at the time of their arrest. The search was incident to a lawful arrest. Pflegl v. State, Fla.1957, 93 So.2d 75 .

The second point is equally without merit, since proof of the cash value of the articles stolen is not required to sustain a conviction for unlawfully and feloniously entering without breaking a dwelling house with intent to commit a misdemeanor, to wit: petit larceny. Jalbert v. State, Fla.1957, 95 So.2d 589 ; Channell v. State, Fla.App.1958, 107 So.2d 284, 287 .

Affirmed.

HORTON, C. J., and PEARSON and CARROLL, CHAS., JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1960: 11962: 11966: 119602026peak 1960 · 1

Relies on it most ⓘ

  1. Jones v. State192 So. 2d 285 (Fla. Dist. Ct. App. 1966)
  2. Garcia v. State142 So. 2d 318 (Fla. Dist. Ct. App. 1962)
  3. Mallah v. State123 So. 2d 676 (Fla. 1960)

Most recent

  1. Jones v. State192 So. 2d 285 (Fla. Dist. Ct. App. 1966)
  2. Garcia v. State142 So. 2d 318 (Fla. Dist. Ct. App. 1962)
  3. Mallah v. State123 So. 2d 676 (Fla. 1960)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Jalbert v. State, 95 So. 2d 589 (Fla. 1957) 36
Channell v. State, 107 So. 2d 284 (Fla. Dist. Ct. App. 1958) 18
Pflegl v. State, 93 So. 2d 75 (Fla. 1957) 6

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