HATTIE WHITE, ALIAS HATTIE JOHNSON, PLAINTIFF IN ERROR,
v.
THE STATE OF FLORIDA, DEFENDANT IN ERROR
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Hattie White was convicted of second-degree murder. The Florida Supreme Court affirmed her conviction, holding that the evidence was amply sufficient to sustain the verdict and that any procedural errors in the trial did not warrant reversal.
The conviction is affirmed. The evidence is amply sufficient to sustain the verdict of murder in the second degree. Judgments should not be reversed for procedural or evidentiary errors unless such errors injudiciously affect the substantial rights of the complaining party, and verdicts should not be overturned unless unsupported by substantial evidence or clearly wrong.
“The evidence is amply sufficient to sustain the verdict of murder, in the second degree and the judgment of conviction rendered upon the verdict was proper.”
Establishes the sufficiency of evidence standard and the propriety of the conviction.
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Join FLexlaw to unlock all legal intelligenceHattie White (also known as Hattie Johnson) was tried and convicted of murder in the second degree. A jury rendered a verdict of guilty, and judgment …
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Per Curiam.
On the authority of Ford v. State, 44 Fla. 421, 33 South. Rep. 301; Davis v. State, 46 Fla. 137, 35 South. Rep. 76; as to the plea-in abatement; and of Gee v. State, 61 Fla. 22, 54 South. Rep. 458; Goff v. State, 60 Fla. 13, 53 South. Rep. 327; Owens v. State, 65 Fla. 483, 62 South. Rep. 651; Pittman v. State, 82 Fla. 24, 89 South. Rep. 336; Dixon v. State, 79 Fla. 586, 84 South. Rep. 541 ; Johnson v. State, 80 Fla. 61, 85 South. Rep 155; Reeves v. State, 68 Fla. 96, 66 South. Rep. 432; Lewis v. State, Breen v. State, and Shuler v. State, decided at this term, and other similar decisions as to harmless errors of procedure, the .judgment of conviction herein should be affirmed.
The evidence is amply sufficient to sustain the verdict of murder, in the second degree -and the judgment of cón.viction rendered upon the verdict was proper. . ' The-judgment should not be reversed or a new trial granted in any case, civil or criminal, for errors in rulings upon the admission or rejection of evidence, or for errors in giving or refusing charges, or for errors in any other matter of procedure or practice unless it shall appear to the court from a consideration of the entire cause that such errors (injudiciously) affect the substantial rights of the complaining party. Nor should a judgment be reversed or a new trial granted on the ground that the verdict is not sustained by the evidence, upless it appears that there was no substantial evidence to support the finding, or that upon the whole evidence the verdict is clearly wrong,, or that the jury were not governed by the evidence in making their' finding. • ' "
Affirmed.
Browne, C. J., and Taylor, Whitfield, Ellis and West," J. J., concur.
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Citator
Cited By
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Henderson v. State, 94 Fla. 318 (Fla. 1927)…1 Fla. 22, 54 So. 458; Cooley v. State, 85 Fla. 46, 95 So. 126; Joyner v. State, 85 Fla. 384, 96 So. 155; Shuler v. State, 84 Fla. 414, 93 So. 672; Crawford v. State, 86 Fla. 94, 97 So. 288; Jacques v. State, 86 Fla. 137, 97 So. 380; White v. State, 84 Fla. 677, 95 So. 113; Holmberg v. Hardee, 90 Fla. 787, 108 So. 213; Stephens v. State, (Fla.) 109 So. 303; Herd v. Maloney, (Fla.) 110 So. 349; O’Steen v. State, (Fla.) 111 So. 725; Pearce v. State, (Fla.) 112 So. 83. It would unduly lengthen this opinion t…
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City OF Alachua v. Swilley, 118 So. 2d 88 (Fla. 1st DCA 1960)…sought to be raised by the cross-assignment of error. Affirmed. STURGIS, J., and FITZPATRICK, W. L., Associate Judge, concur. . Tooley v. Margulies, Fla.1955, 79 So. 2d 421. . Johnston v. Allen, 22 Fla. 224, 1 Am.St. Rep. 180. .White v. State, 84 Fla. 677, 95 So. 113.…
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Davis v. State, 86 Fla. 103 (Fla. 1923)…tate, 84 Fla. 466, 94 South. Rep. 154; Shuler v. State, 84 Fla. 414 93 South. Rep. 672; Breen v. State, 84 Fla. 518, 94 South. Rep. 383; Daniels v. State, 57 Fla. 1, 48 South. Rep. 747; Hall v. State, 78 Fla. 420, 83 South. Rep. 513; White v. State, 84 Fla. 677, 95 South. Rep. 113. Affirmed. Taylor, C. J., and Whitfield, West and Terrell, J. J., concur. Ellis and Browne, J. J., dissent.…
Authorities Cited
- Owens v. State, 65 Fla. 483 (Fla. 1913)
- Gee v. State, 61 Fla. 22 (Fla. 1911)
- Goff v. State, 60 Fla. 13 (Fla. 1910)
- Dixon v. State, 79 Fla. 586 (Fla. 1920)
- Ford v. State, 44 Fla. 421 (Fla. 1902)
- Johnson v. State, 80 Fla. 61 (Fla. 1920)
- Davis v. State, 46 Fla. 137 (Fla. 1903)
- Reeves v. State, 68 Fla. 96 (Fla. 1914)
- Pittman v. State, 82 Fla. 24 (Fla. 1921)