JAMES PLATT AND ELIJAH BELLAMY, PLAINTIFFS IN ERROR,
v.
THE STATE OF FLORIDA, DEFENDANT IN ERROR
Whitfield, J.
The plaintiffs in error, were convicted of murder in the first degree, and on writ of error the only contention is the insufficiency of the evidence. There were no eye-witnesses to the homicide, and the identity of the accused is the essential issue. After a most careful consideration of the evidence the court is of opinion that while there is some evidence to identify the defendants as being the guilty parties, the testimony taken as a whole, is far from being satisfactory or convincing, and as human life is involved, it is considered just and right that another jury should pass upon the issues made. The judgment, therefore, is reversed and a new trial granted.
Shackleford, C. J., and Taylor, Cockrell and Hock-er, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (22 total)
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Fuller v. State, 92 Fla. 873 (Fla. 1926)…recognized by this Court in criminal cases where the evidence as to the identity of the accused as being the guilty party was not satisfactory, and also where the verdict was not in accord with the manifest justice of the case. See: Platt v. State, 65 Fla. 253; 61 South. Rep. 502; Nims v. State, 70 South. Rep. 565; Davis v. State, 76 Fla. 179; 79 South. Rep. 450; Ming v. State, 89 Fla. 280; 103 South. Rep. 618. This Court has also said that: “The verdict of a jury will not be set aside on evidence of fact…
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Lowe v. State, 154 Fla. 730 (Fla. 1944)…140 Fla. 163, 191 So. 294; Reed v. State, 137 Fla. 768, 189 So. 21; Skiff v. State, 107 Fla. 90, 144 So. 323; Nims v. State, 70 Fla. 530, 70 So. 565; Fuller v. State, 92 Fla. 973, 110 So. 528; Ming v. State, 89 Fla. 280, 103 So. 618; Platt v. State, 65 Fla. 253, 61 So. 502; Townsend v. State, 95 Fla. 139, 116 So. 7; Coker v. State, 83 Fla. 672, 93 So. 176; Knowles v. State, 86 Fla. 270, 97 So. 716; Davis v. State, 76 Fla. 179, 79 So. 450. The judgment appealed from is reversed and a new trial awarded. BR…
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Nims v. State, 70 Fla. 530 (Fla. 1915)…gravely reasonable doubt as to the guilt of the defendant. In view of the entire evidence bearing on the identity of the plaintiff in error as being the perpetrator of the homicide, we are of the opinion that a new trial be awarded. Platt v. State, 65 Fla. 253, 61 South. Rep. 502. The judgment of the court below is hereby reversed at the cost of Leon County, and a new trial ordered. Whitfield and Ellis, JJ., concur. Shackleford and Cockrell, JJ., dissent.…
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