HAROLD ASTRACHAN
v.
STATE OF FLORIDA
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Harold Astrachan was convicted of grand larceny after impersonating a Railway Express employee to steal approximately $45,000 in jewelry consigned to a Miami Beach jewelry store. The Florida Supreme Court affirmed his conviction, holding that circumstantial evidence, including currency found in his home and his later attempts to sell similar diamonds, was properly admitted to establish guilt.
The court affirmed the conviction, holding that the currency found in Astrachan's home was properly admitted as circumstantial evidence under the principle that great latitude is allowed in the reception of indirect or circumstantial evidence if it may tend, even in a slight degree, to elucidate the inquiry or assist in determining the truth.
“The rule with reference to the admissibility of indirect, collateral, or circumstantial evidence is that 'great latitude is to be allowed in the reception of indirect, or circumstantial evidence. It includes all evidence of an indirect nature, whether the inferences afforded by it be drawn from prior experience, or be a deduction of reason from the circumstances of the particular case, or of reason aided by experience.'”
Establishes the foundational principle that circumstantial evidence is broadly admissible if it may tend to assist in determining truth, even remotely
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Join FLexlaw to unlock all legal intelligenceA New York jeweler consigned valuable jewelry to Daoud & Sons in Miami Beach. When the New York firm requested return of jewelry valued at $45,000, As…
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A. J. Daoud & Son, jewelers of Miami Beach, Florida, prior to March 14, 1946, had for sale on consignment from Nelkin, a New York City jeweler, a large and valuable quantity of jewelry. The New York firm, in March, 1946, requested of Daoud & Sons a return to them in New York of certain de*458scribed jewelry valued at approximately $45,000,00. The return to New York could be had either by parcel post or by Railway Express. After a, telephone call or two to the Railway Express by Daoud & Son, the appellant, dressed in the uniform of a Railway Express employee, wearing a badge, with a pistol buckled about his person, went to Daoud & Son’s at Miami Beach and there gave an Express receipt for and departed with the jewelry, ostensibly to be transported to the consignee in New York City. An inquiry was precipitated when the jewelry was not delivered in New York.
F. B. I. Agents surrounded the home of appellant in Miami and with his consent searched both his home and automobile. None of the jewelry was found, but they found currency in the sum of $6,580.00 in the home, and a book of Railway Express receipts. A card found in the appellant’s automobile disclosed the telephone -number of a Miami Express" office. The appellant had been employed as a taxi driver and salesman, and confronted with the possession of $6,580.00, explained that he made this money at the dog tracks. Subsequent to March 14, 1946, he tried to sell on two occasions diamonds at Hollywood, Florida, having a similarity to some of those delivered to him by Daoud & Son for transportation to New; York in March, 1946.
■ Am information charging the crime of grand larceny was by the County Solicitor of Dade County, Florida, filed against the appellant. On arraignment he entered a pléa of not guilty, a,nd,. being placed on trial before a jury, was found guilty. A motion for a new trial was made and denied, when the trial .court imposed, a sentence of five years at hard labor in the State Prison.' The appellant during the progress of the trial did not take the witness stand nor offer any evidence in his behalf, but contended by his motion for a directed verdict that the State had failed to establish by competent evidence the material allegations of the information.
The' prosecution offered in evidence over the timely objection of counsel for defendant currency in the sum of $6,580.00 found by the F. B. I. Agents when they searched the home of the appellant. On this appeal it is suggested that this ruling was prejudicial and constitutes reversible error. *459Authorities are cited to sustain thé' cbnclúsiori,' which we have carefully studied and analyzed. The answer to the'contention is the ruling of this Court in the case of Mobley v. State, 41 Fla. 621, 26 So. 732, when we, in part, said:
“The rule with reference to the admissibility of indirect, collateral, or circumstantial evidence is that '‘great latitude is to be allowed in the reception of indirect, or circumstantial evidence. It includes all evidence of an indirect nature, whether the inferences afforded by it be drawn from prior experience, or be a deduction of reason from the circumstances of the particular case, or of reason aided by experience. The competency of a collateral fact to be used as the basis of legitimate argument, as not to be determined by the conclusiveness of the inferences it iriay afford in reference to.the litigated fact. It is enough if these may tend, even in a slight degree, to elucidate the inquiry, or to assist, though remotely, to a determination probably forinded in truth.’...”
See Reynolds v. State, 52 Fla. 409, 42 So. 373; Thompson v. State, 58 Fla. 106, 50 So. 507, 19 Ann. Cas 116; Thomas v. State, 85 Fla. 113, 95 So. 752; Parrish v. State, 90 Fla. 25, 105 So. 130; Milligan v. State, 109 Fla. 219, 147 So. 260.
Affirmed."
THOMAS, C. J., TERRELL, J. and FABISINSKI, Associate Justice, concur.
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Alvord v. State, 322 So. 2d 533 (Fla. 1975)…and that was why he had to strangle them. The trial judge did not commit error in allowing testimony to be given concerning the gun, as great latitude should be allowed in the reception of indirect or circumstantial evidence. See Astrachan v. State, 158 Fla. 457, 28 So. 2d 874 (1947). Evidence of the defendant’s ownership of a gun was a circumstance lending credence to the testimony of the girl friend. Defendant contends that error was committed when Dr. Ames Robey was permitted to testify in the penalty p…
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NEW v. State, 211 So. 2d 35 (Fla. 2d DCA 1968)…eception of circumstantial evidence, allowing the jury to make reasonable inferences from it. Relevance is not determined by conclusiveness of inference; it is enough that it may tend even slightly to elucidate the inquiry. Astrachan v. State, 1947, 158 Fla. 457, 459, 28 So. 2d 874, 875; Cannon v. State, 1926, 91 Fla. 214, 219-220, 107 So. 360, 363; Mobley v. State, 1899, 41 Fla. 621, 624, 26 So. 732, 733. Furthermore, it is sufficient that its relevance appear upon consideration with other evidence in the…
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Libertucci v. State, 395 So. 2d 1223 (Fla. 3d DCA 1981)…s admission is not before us. We note, however, that the lack of nexus as to time and amounts between the City’s payments and Libertucci’s deposits not only makes the proof tenuous, but arguably makes it inadmissible. See, e. g., Astrachan v. State, 158 Fla. 457, 28 So. 2d 874 (1947); Thompson v. State, 58 Fla. 106, 50 So. 507 (1909); Harrison v. State, 104 So. 2d 391 (Fla. 1st DCA 1958); Annot., 91 A.L.R.2d 1046 (1963). Libertucci’s explanation as to the innocent source of these additional funds was unrebu…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Parrish v. State, 90 Fla. 25 (Fla. 1925)
- Mobley v. State, 41 Fla. 621 (Fla. 1899)
- Thompson v. State, 58 Fla. 106 (Fla. 1909)
- Milligan v. State, 109 Fla. 219 (Fla. 1933)
- Thomas v. State, 85 Fla. 113 (Fla. 1923)
- Reynolds v. State, 52 Fla. 409 (Fla. 1906)