JACK MCCLELLAN, PLAINTIFF IN ERROR,
v.
THE STATE OF FLORIDA, DEFENDANT IN ERROR
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This case reviews whether the evidence presented was legally sufficient to support a jury's verdict of assault with intent to commit murder in the second degree. The appellate court affirmed the conviction, holding that substantial competent evidence existed to support the jury's findings.
Yes, the evidence is legally sufficient. The appellate court held that where there is substantial competent evidence of all facts essential to support the verdict, and no indication the jury was not governed by the evidence, the trial court's refusal to grant a new trial based on insufficient evidence will not be disturbed.
“While the legal effect of evidence or the lack of evidence in its relation to a verdict rendered in a trial, may by appropriate proceedings be reviewed by an appellate court, yet conflicts in competent testimony, the weight of legal evidence and the credibility of competent witnesses are primarily for the determination of the jury; and where there is some substantial competent evidence of all the facts legally essential to support the verdict, and there is nothing in the record to indicate that the jury were not governed by the evidence, a refusal of the trial court to grant a new; trial on the ground of the insufficiency of the evidence to sustain the verdict will not be disturbed by the appellate court.”
This quote establishes the standard of review for appellate courts regarding the sufficiency of evidence and the role of the jury.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff in error was indicted for assault with intent to commit murder in the first degree and was convicted of assault with intent to commit mu…
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Whitfield, J.
Plaintiff in error was indicted for an assault with intent to commit murder in the first degree and convicted of an assault with intent to commit murder in the second degree. The only question he presents on this writ of error taken by him is whether the evidence is legally sufficient to support the verdict, the judgment being in accord with the verdict.
While the legal effect of evidence or the lack of evidence in its relation to a verdict rendered in a trial, may by appropriate proceedings be reviewed by an appellate court, yet conflicts in competent testimony, the weight of legal evidence and the credibility of competent witnesses are primarily for the determination of the jury; and where there is some substantial competent evidence of all the facts legally essential to support the verdict, and there is nothing in the record to indicate that the jury were not governed by the evidence, a refusal of the trial court to grant a new; trial on the ground of the insufficiency of the evidence to sustain the verdict will not be disturbed by the appellate court. McDonald v. State 56 Fla. 74, 47 South. Rep. 485; Posey v. State, 58 Fla. 92, 50 South. Rep. 530; Teal v. State, 43 Fla. 580, 31 South. Rep. 282; Strobhar v. State, 55 Fla. 167, 47 South. Rep. 4; Tatum v. State, 49 Fla. 67, 38 South. Rep. 601.,
There is substantial competent testimony that the defendant below assaulted and with a knife cut the prosecuting witness in a number of places on his person, under such circumstances that if death had resulted therefrom, it would have constituted murder at least in the second degree. This being so a verdict of assault with intent to commit murder in the second degree may lawfully have been found, and such a verdict having been found by the jury and approved by the trial court, it will not be disturbed here. Pyke v. State, 47 Fla. 93, 36 South. Rep. 577; Harmon v. State, 48 Fla. 44, 37 South. Rep. 520; Revels v. State, 33 Fla. 308, 14 South. Rep. 821.
The judgment is affirmed.
Shackleford, C. J., and Taylor, Cockrell and Hocker, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
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Nims v. State, 70 Fla. 530 (Fla. 1915)…Shackleford, J., (dissenting). — I regret exceedingly my inability to concur in the opinion prepared by the Chief Justice. It is true that sharp conflicts exist in the testimony upon material points, but, as we held in McClellan v. State, 66 Fla. 215, 63 South. Fla. 419, following prior decisions of this court, “While the legal effect of evidence or the lack of evidence in its relation to a verdict rendered in a trial, may by appropriate proceedings be reviewed by an appellate court, yet conflic…
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Spanish v. State, 72 Fla. 420 (Fla. 1916)…s the overruling of the motion for a new trial, which questioned the sufficiency of the evidence to support the verdict. A careful examination of the evidence impels us to the conclusion that it is amply sufficient. As we held in McClellan v. State, 66 Fla. 215, 63 South. Rep. 419, following numerous prior decisions of this court: “While the legal effect of evidence or the lack of evidence in its relation to a verdict rendered in a trial, may by appropriate proceedings be reviewed by an appellate court, ye…
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Tobe Wallace v. State, 76 Fla. 175 (Fla. 1918)…ompetent evidence of all the facts legally essential to support the verdict, and there is nothing in the record to indicate that the jury were influenced by considerations outside the evidence. We will, therefore, not disturb it. McClellan v. State, 66 Fla. 215, 63 South. Rep. 419; Barrentine v. State, 72 Fla. 1, 72 South. Rep. 280; Herndon v. State, 73 Fla. 451, 74 South. Rep. 511; McCoy v. State, 75 Fla. [*179] 294, 78 South. Rep. 168; Messer v. State, 75 Fla. 619, 78 South. Rep. 680. The judgment is af…
Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Angus McDonald v. State, 56 Fla. 74 (Fla. 1908)
- Strobhar v. State, 55 Fla. 167 (Fla. 1908)
- Pyke v. State, 47 Fla. 93 (Fla. 1904)
- Harmon v. State, 48 Fla. 44 (Fla. 1904)
- Will Teal v. State, 43 Fla. 580 (Fla. 1901)
- Will Tatum v. State, 49 Fla. 67 (Fla. 1905)
- Revels v. State, 33 Fla. 308 (Fla. 1894)
- Posey v. State, 58 Fla. 92 (Fla. 1909)