SAVANNAH WALDO, PLAINTIFF IN ERROR,
v.
THE STATE OF FLORIDA, DEFENDANT IN ERROR

Fla. | 1909-06-01
Whitfield, O. J., and Cockrell, J., concur., Taylor, Hocker and Parkhill, JJ., concur in the opinion.
58 Fla. 133 Florida Supreme Court (1909) Positive Treatment
Cited by 2 cases

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Synopsis

The Florida Supreme Court affirmed a conviction for grand larceny, holding that the evidence presented was sufficient to support the jury's verdict. The court found no error in the trial proceedings.


Holding

Yes, the evidence presented was sufficient to sustain the conviction for grand larceny.


Key Quotes

“The remaining three question the sufficiency of the evidence to sustain a conviction, the defendant admitting in her brief that “the single question presented is was there sufficient evidence adduced to convict the defendant of the crime?””

This quote establishes the central issue on appeal regarding the sufficiency of the evidence.

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Facts & Procedural History

Savannah Waldo was charged with grand larceny and convicted by a jury. She was sentenced to six months in jail. Waldo appealed the conviction, arguing…

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Opinion of the Court
Shackleford, J.

Shackleford, J.

An information was filed in the Criminal Court of Record for Hillsborough County against Savannah Waldo, wherein she was charged with having committed the crime of grand larceny. A trial was had before a jury, which resulted in her conviction and she was sentenced to confinement in the county jail at hard labor for a period of six months. She seeks a reversal of this judgment by writ of error. Four errors are assigned, but the second is expressly abandoned. The remaining three question the sufficiency of the evidence to sustain a conviction, the defendant admitting in her brief that “the single question presented is was there sufficient evidence adduced to convict the defendant of the crime?” The jury answered this question in the affirmative, as likewise did the trial judge in refusing to grant the motion for a new trial. After a careful consideration of all the evidence, we are of the same opinion. No useful purpose could be served by setting it forth. Nothing remains for us to do but to affirm the judgment. See Chancey v. State, 54 Fla. 20, 44 South. Rep. 1013, and authorities there cited.

Affirmed.

Whitfield, O. J., and Cockrell, J., concur. Taylor, Hocker and Parkhill, JJ., concur in the opinion.


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Citator

Cited By

  • Buchanan v. State, 95 Fla. 301 (Fla. 1928)
    …there” and such other indefinite descriptions, confirmed the deduction. This is true because the burden is upon the plaintiff in error to make the error, if any, clearly to appear. See Tatum v. State, 49 Fla. 67, 38 South. Rep. 601; Waldo v. State, 58 Fla. 133, 50 South. Rep. 487; Houston v. State, 50 Fla. 90, 39 South. Rep. 468; McRae v. State, 62 Fla. 74, 57 South. Rep. 348. These circumstances justify the conclusion at which the jury arrived that the assault by the defendant was unlawful. There is amp…

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