From Casetext: Smarter Legal Research

Ausburn v. State

District Court of Appeal of Florida, Second District
Dec 6, 1968
216 So. 2d 84 (Fla. Dist. Ct. App. 1968)

Opinion

No. 68-42.

December 6, 1968.

Appeal from the Criminal Court of Record, Polk County, Roy H. Amidon, J.

Sam E. Murrell, Jr., of Sam E. Murrell Sons, Orlando, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and William D. Roth, Asst. Atty. Gen., Lakeland, for appellee.


Ausburn and Mock had some blank checks on the account of Morris and Dale Atlantic Service. They drove together from Orlando to Lakeland, where Ausburn filled out the checks to fictitious payees. Mock went into the four stores they decided to "hit", cashed the checks, returned to the car where Ausburn was waiting, and split the take with him.

Can Ausburn lawfully be convicted of "uttering and publishing" a forged check under these circumstances? Yes. Ausburn and Mock shared the dream of something for nothing, the scheme for getting it, the money they got. Now it is time for them to share the guilt and the punishment. Prather v. State, 182 So.2d 273 (Fla.App. 1966); Fountain v. State, 163 So.2d 30 (Fla. App. 1964).

Affirmed.

LILES, C.J., and ALLEN, J., concur.


Summaries of

Ausburn v. State

District Court of Appeal of Florida, Second District
Dec 6, 1968
216 So. 2d 84 (Fla. Dist. Ct. App. 1968)
Case details for

Ausburn v. State

Case Details

Full title:LARRY EMMERSON AUSBURN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Dec 6, 1968

Citations

216 So. 2d 84 (Fla. Dist. Ct. App. 1968)

Citing Cases

Willis v. State

We conclude that the defendant's conduct qualifies as the crime of forgery. He falsely made or altered the…