FRANKLIN PITTS
v.
STATE OF FLORIDA
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The Florida Supreme Court affirmed a conviction for assault with intent to commit murder in the second degree, finding sufficient evidence to support the jury's verdict despite conflicting evidence presented at trial.
Yes, there was sufficient evidence in the record, if believed by the jury, to warrant the verdict and judgment.
“There is in the record sufficient evidence, which if believed . by the jury, to warrant the verdict and judgment.”
Establishes the court's finding regarding the sufficiency of the evidence.
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Join FLexlaw to unlock all legal intelligenceThe appellant was charged with assault with intent to commit murder in the first degree. The evidence presented at trial was conflicting. The jury con…
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Appellant, defendant in the court below, being informed against for the crime of assault with intent to commit murder in the first degree, on conflicting evidence was convicted of assault with intent to commit murder in the second degree, and adjudged guilty of that offense. From the judgment he perfected appeal here.
There is in the record sufficient evidence, which if believed . by the jury, to warrant the verdict and judgment. The jury so found and the trial court concurred by denying motion for new trial.
Judgment should be affirmed on authority of McNish v. State, 47 Fla. 69, 36 So. 176 and cases there cited; also Rhodes v. State, 104 Fla. 520, 140 So. 309; Raker v. State, 84 Fla. 277, 94 So. 613; Fortner v. State, 119 Fla. 150, 161 So. 94; Herndon v. State, 73 Fla. 451, 74 So. 511; Barrentine v. State, 72 Fla. 1, 72 So. 280 Tucker v. State, 100 Flo. 1440 131 So. 327.
It is so ordered.
Affirmed.
THOMAS, C. J., ADAMS and BARNS, JJ., concur.
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Bauld v. J. A. Jones Constr. Co., 357 So. 2d 401 (Fla. 1978)…bar, for the party to exercise the right. Hart v. Bostwick, 14 Fla. 162, 181 (1872). The one-year savings period provided for here is a reasonable time. Campbell v. Horne, 147 Fla. 523, 3 So. 2d 125 (1941). See also Buck v. Triplett, 159 Fla. 772, 32 So. 2d 753 (1947), and H.K.L. Realty v. Kirtley, 74 So. 2d 876 (Fla.1954). The judgment of the Circuit Court for Pinellas County is affirmed. It is so ordered. OVERTON, C. J., and ENGLAND and HATCHETT, JJ., concur. ADKINS, J., dissents.…
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City OF Miami v. ST. JOE Paper Co., 364 So. 2d 439 (Fla. 1978)…e of limitations to mortgages on a given date after one year from such given date on the ground that a reasonable time is provided for the enforcement of a cause of action before the restriction becomes effective. See Buck v. Triplett, 159 Fla. 772, 32 So. 2d 753, 754-55 (1947) where the court said: “We are committed to the rule that statutes of this nature [statute of limitations] are good where a reasonable time is allowed to prosecute an asserted right.” and Campbell v. Horne, 147 Fla. 523, 3 So. 2d 125…
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H. K. L. Realty Corp. v. Kirtley, 74 So. 2d 876 (Fla. 1954)….S.A., so long as a reasonable time is provided for the enforcement of the cause of action before the restriction becomes effective. See Mahood v. Bessemer Properties, 154 Fla. 710, 18 So. 2d 775, 153 A.L.R. 1199, and Buck v. Triplett, 159 Fla. 772, 32 So. 2d 753, to the same effect. Whatever may be said for the reasoning under which the Court arrived at its decision in the cases cited above, we think there can be no escape from the conclusion that the holdings of the cited cases are decisive of the question…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- McNish v. State, 47 Fla. 69 (Fla. 1904)
- Herndon v. State, 73 Fla. 451 (Fla. 1917)
- Park Tucker and Tolbert Tucker v. State, 100 Fla. 1440 (Fla. 1930)
- Creveling v. Chambers, 73 Fla. 512 (Fla. 1917)
- Rhodes v. State, 104 Fla. 520 (Fla. 1932)
- Barrentine v. State, 72 Fla. 1 (Fla. 1916)
- Sawyers v. State (Fla. 2d DCA 2026)
- Parker Fortner v. State, 119 Fla. 150 (Fla. 1935)
- Raker v. State, 84 Fla. 277 (Fla. 1922)