Supreme Court of Florida

State of Florida v. James Robert Herndon

November 8, 1946158 Fla. 115

Summary

The Supreme Court of Florida reversed the lower court's order quashing the information, holding that a husband can be guilty of larceny for appropriating his wife's separate property because the Florida Constitution and statutes have abrogated the common‑law fiction of marital unity. The dissent argued that the common‑law rule remains and the information should have been sustained.