District Court of Appeal of Florida August 19, 1960, No. 59-558 (Silvestri v. State)

PEARSON, Judge.

Joseph V. Silvestri, the defendant, appeals from a judgment of guilty and sentence thereon upon information charging him with misapplication of funds constituting embezzlement, pursuant to § 84.07, Fla.Stat., F.S.A. We hold that the evidence fails to establish an essential element of the crime and reverse.