JOE CALDWELL, EUGENE FAIRCLOTH AND HARVEY HATTAWAY, PLAINTIFFS IN ERROR,
v.
THE STATE OF FLORIDA, DEFENDANT IN ERROR
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Three men were convicted of aiding and abetting Ted McDaniel in unlawfully entering a storehouse with intent to commit theft. The Florida Supreme Court affirmed the convictions, holding that sufficient evidence supported the verdict despite McDaniel's testimony that the defendants did not know of his actions.
The appellate court will not disturb the verdict when there is some evidence of all facts legally essential to sustain it and the whole evidence is such that the verdict may fairly have been found on it, particularly when affirmed by the trial court.
“An appellate court should not grant a new trial in a criminal case upon the ground that the evidence is insufficient to support the verdict affirmed by the trial court, if there is some evidence of all the facts legally essential to sustain the verdict as found, and the whole evidence is such that the verdict may have fairly been found on it.”
Establishes the standard for reviewing sufficiency of evidence claims on appeal in criminal cases
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Join FLexlaw to unlock all legal intelligenceCaldwell, Faircloth, and Hattaway were convicted of aiding, encouraging, counseling and abetting Ted McDaniel in unlawfully entering a storehouse belo…
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Per Curiam-
— The plaintiffs in error were convicted and sentenced to the Reform School for aiding, encouraging, counseling and abetting one Ted McDaniel in unlawfully entering without breaking a storehouse building of B. H. Jackson, with intent to commit a misdemeanor; to-wit: to steal property less than twenty dollars in value belonging to said Jackson.
The only contention here is that the evidence does not warrant the verdict. Ted McDaniel pleaded guilty and does not join in this writ of error. An appellate court should not grant a new trial in a criminal case upon the ground that the evidence is insufficient to support the verdict affirmed by the trial court, if there is some evidence of all the facts legally essential to sustain the verdict as found, and the whole evidence L such that the verdict may have fairly been found on it. In the appellate court the presumption is that the jury and the trial court did their duty in the case. McDonald v. State, 56 Fla. 74, 47 South. Rep. 485; Logan v. State, 58 Fla. 72, 50 South. Rep. 536.
Notwithstanding the testimony of the defendant McDaniel, who pleaded guilty, that as far as he knew the other defendants did not know anything about his getting the money from the house, he testified that they were at the place, and there are circumstances and fair inferences that may have been drawn from all the testimony, to show the guilt of all the defendants as found by the verdict under the information charging the offense.
Under these circumstances the appellate court will not disturb the verdict that has been approved by the trial court.
The judgments are affirmed.
, Whitfield, C. J., and Shackleford, and Cockrell, J. J., concur;
Taylor, Hocker and Parki-iill, J. J., concur in the opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Parrish v. State, 90 Fla. 25 (Fla. 1925)…than the evidence. Under such circumstances, this court will not disturb a verdict of guilty, which has been ap [*35] proved by the trial court in denying the motion for a new trial. Logan v. State, 58 Fla. 72, 50 South. Rep. 536; Caldwell v. State, 62 Fla. 18, 56 South. Rep. 497; Boyington v. State, 77 Fla. 602, 81 South. Rep. 890; Thompson v. State, 58 Fla. 106, 50 South. Rep. 507. Judgment affirmed. West, C. J., and Whitfield and Terrell, J. J., concur.…
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Bawsey Blocker v. State, 90 Fla. 136 (Fla. 1925)…not intervene and set aside the verdict of the jury. Dixon v. State, 79 Fla. 586, 84 South. Rep. 541; John v. State, 16 Fla. 554; Boyington v. State, 77 Fla. 602, 81 South. Rep. 890; Logan v. State, 58 Fla. 72, 50 South. Rep. 536; Caldwell v. State, 62 Fla. 18, 56 South. Rep. 497; Parrish v. State, decided during this Term. Section 6029, Revised General Statutes, 1920, provides: "That when any minor, not married, may be charged with any offense and brought before any of the courts, including municipal co…
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Manning v. State, 139 Fla. 845 (Fla. 1939)…8 Fla. 205, 82 So. 810; Witt v. State, 80 Fla. 38, 85 So. 249; Anderson v. State, 24 Fla. 139, 3 So. 884; Wells v. State, 75 Fla. 229, 77 So. 879; Smith v. State, 66 Fla. 135, 63 So. 138; McDonald v. State, 56 Fla. 74, 47 So. 485; Caldwell v. State, 62 Fla. 18, 56 So. 497; Wilson v. State, 103 Fla. 262, 137 So. 225; Langston Const. Co. v. Hillsborough County, 106 Fla. 834, 143 So. 771. No error of law or procedure having been made to appear in this case, the judgment appealed from is hereby affirmed. Wh…
Authorities Cited
- Angus McDonald v. State, 56 Fla. 74 (Fla. 1908)
- Logan v. State, 58 Fla. 72 (Fla. 1909)