
    Meyer Silberstein, Plaintiff in Error, v. The State of Florida, Defendant in Error.
    
    Division B.
    Opinion Filed January 21, 1927.
    1. An indictment for obtaining property by false pretenses should allege specifically and clearly the ownership of the property alleged to have been obtained, to be in the person alleged to have been deceived by such pretenses, or in a person or corporation for whom the person deceived was acting in the transaction.
    2. In an indictment for obtaining the property by false pretenses, an allegation of the ownership of the property obtained is one not affecting the form, but the substance of ; it, and an omission to allege such ownership is fatal to the indictment.
    A Writ of Error to the Criminal Court of Record for Dade County; Tom Norfleet, Judge.
    
      Bart A. Riley and M. H. Rosenhouse, for Plaintiff in Error;
    
      
      J. B. Johnson, Attorney General, and R. R. Taylor, Jr., County Solicitor, for the State.
   Per Curiam.

The information herein charging the obtaining of money from R. Rappaport by false pretense in a land sale transaction does not allege the ownership of the money, Webb v. State, 69 Fla. 697, 68 South. Rep. 943, and the information alleges that the defendant represented that the Green Silver Realty Company was the owner of the land, which company was not the owner of the land, while the instrument signed by R. Rappaport as purchaser, on which the prosecution is predicated, is signed for “Gertrude Estates Corporation” as the owner of the land.

Reversed.

Whiteield, P. J., and Terrell and Bueord, J. J., concur.

Ellis, C. J., and Strum and Brown, J. J., concur in the opinion.  