Padgett v. State (82 So. 2d 372, 1955)

FLOYD, Associate Justice.

Appellant was indicted in, two counts, .each charging larceny of pulpwood of the value of $1,920, and each count being differently phrasedj but both charging violations under Section 811.021, Florida Statutes, F.S.A. After trial, the jury returned a verdict of guilty on the second count which charged that appellant did unlawfully, designedly and by a false pretense, intend to defraud H. E. Cunio of a certain quantity of pulpwood. At the close of the evidence, appellant moved the Court to • require the State to elect which'of the two coimts upon which