
    Harry Kenneth MOORE, Appellant, v. STATE of Florida, Appellee.
    No. 72-598.
    District Court of Appeal of Florida, Fourth District.
    April 13, 1973.
    Rehearing Denied May 7, 1973.
    Alfred J. Skaf and Joseph A. Varón, of Varón, Stahl & Kay, Hollywood, for appellant.
    Robert L. Shevin, Atty. Gen., Tallahassee, and Fredric J. Scott, Asst. Atty. Gen., West Palm Beach, for appellee.
   PER CURIAM.

Affirmed.

REED, C. J., and OWEN, J., concur.

WALDEN, J., concurs in part, dissents in part, with opinion.

WALDEN, Judge

(concurring in part, dissenting in part) :

I respectfully dissent from that portion of the majority judgment which affirms insofar as it approves the appellant’s judgment and conviction of breaking and entering Carl’s Furniture Store with intent to commit a felony, to-wit: grand larceny. In my opinion the evidence, circumstantial as it was, was insufficient as a matter of law to show the defendant’s guilt beyond and to the exclusion of a reasonable doubt. 13 Fla.Jur., Evidence, §§ 417 and 435.  