JAMES HOLLOWAY, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• J. L. B. v. State, 396 So. 2d 761 (Fla. 3d DCA 1981)
  …e, and ran off after it occurred. This is simply insufficient to establish the overt assistance or participation which is required to justify an adjudication as an aider and abettor. D. M. v. State, 394 So. 2d 520 (Fla. 3d DCA 1981); P. R. v. State, 389 So. 2d 1078 (Fla. 3d DCA 1980); J. O. v. State, 384 So. 2d 966 (Fla. 3d DCA 1980); J. H. v. State, supra (alternative holding), and cases cited. Under the law we are bound to apply, see, D. M. v. State, supra; Ruiz v. State, 388 So. 2d 610, 613 (Fla. 3d DCA 198…
• Tien Wang v. State, 426 So. 2d 1004 (Fla. 3d DCA 1983)
  …29, 631-32 (Fla.1956) (citations omitted). When, as here, the intent of an accused is sought to be established by the actions of the accused, the circumstantial evidence rule applies. See McArthur v. State, 351 So. 2d 972 (Fla.1977); P.R. v. State, 389 So. 2d 1078 (Fla.3d DCA 1979); Gellman v. State, 371 So. 2d 181 (Fla.3d DCA 1979); K.W.U. v. State, 367 So. 2d 647 (Fla.3d DCA), cert. denied, 378 So. 2d 349 (Fla.1979). In Febre v. State, 158 Fla. 853, 30 So. 2d 367 (1947), the accused, in the throes of divor…
• E.H. v. State, 452 So. 2d 664 (Fla. 3d DCA 1984)
  …nse — the mugging of a patron as he emerged from a bar in Miami — which was actively committed by two young men, it was contended only that she had aided and abetted their crime. E.g., D.M. v. State, 394 So. 2d 520 (Fla. 3d DCA 1981); P.R. v. State, 389 So. 2d 1078 (Fla. 3d DCA 1980). In this regard, although E.H. drove one of the robbers to the scene of the crime and picked them both up afterwards, these naked facts are plainly circumstantially insufficient, even absent her uncontradicted denial from the witn…

Authorities Cited

• Franklin v. State, 226 So. 2d 461 (Fla. 2d DCA 1969)
• In the Interest of I. D. K., 360 So. 2d 488 (Fla. 4th DCA 1978)