District Court of Appeal of Florida May 16, 1975, No. 74-568 (Hubbell v. State)

OWEN, Chief Judge.

Appellant was convicted of grand larceny of a sum of money. The two points on appeal involve (1) the admissibility of certain evidence, and (2) the court’s instruction to the jury.

The Miramar Diner, located on State Road 7 in Broward County, is open twenty-four hours a day. The night cashier is on duty from midnight to 8 a. m.