BLACKWELL
v.
STATE
BLACKWELL
STATE
166 So. 442
Alabama Court of Appeals (1936)
Positive Treatment
Cited by 37 cases
Opinion of the Court
We have read the evidence in this case, sitting en banc.
We are impressed that there were errors, prejudicial to appellant, committed on the introduction of testimony. But rather nice questions seem to be involved; and we do not see the need of solving them.
The whole evidence seems to us, and we hold that it was, insufficient upon which to base a judgment of conviction. A discussion would not be helpful.
For the error in overruling appellant's motion to set aside the verdict of the jury and the judgment rendered thereon, the said judgment is reversed and the cause remanded.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (19 total)
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Gulf Life Ins. Co. v. Nash, 97 So. 2d 4 (Fla. 1957)…L.R. 171. It is true, as appellant asserts, that it was appellee’s burden to prove, in support of the claim based on the accident policy, that death of the insured came by accidental means. Mutual Life Ins. Co. of New York v. Johnson, 122 Fla. 657, 166 So. 442. The appellant states in its brief that it does not appear to make much difference whether, under the life policy, it was the burden of the appellant to prove suicide or the burden of the appellee to prove that the death was one covered by the polic…
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Wolkowsky v. Goodkind, 153 Fla. 267 (Fla. 1943)…tion thereon, and the question of the legal sufficiency of the evidence to warrant the particular judgment must have been appropriately raised and. presented to the circuit court as ground for reversal. Mutual Life Ins. Co. v. Johnson, 122 Fla. 567, 166 So. 442. See also American Ry. Express Co. v. Weatherford, 86 Fla. 826, 98 So. 820; Brinson v. Tharin, 99 Fla. 696, 127 So. 313; Hamway v. Seaboard Air Line Ry. Co., 101 Fla. 1483, 136 So. 628; American Ry. Express Co. v. Feganbush, 107 Fla. 145, 144 So. 32…
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Keys v. State, 606 So. 2d 669 (Fla. 1st DCA 1992)…have long adhered to the rule proscribing the fact-finder from basing an inference upon an inference in order to arrive at a conclusion of fact. See Chestnut v. Robinson, 85 Fla. 87, 95 So. 428 (1923); Mutual Life Ins. Co. v. Johnson, 122 Fla. 567, 166 So. 442 (1935); Voelker v. Combined Ins. Co. of America, 73 So. 2d 403 (Fla.1954); Sirmons v. Pittman, 138 So. 2d 765 (Fla. 1st DCA1962). The purpose of this rule is to protect against verdicts or judgments based upon speculation. Voelker v. Combined Ins. C…
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