HALLIE ELLIS, PLAINTIFF IN ERROR,
v.
THE STATE OF FLORIDA, DEFENDANT IN ERROR
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The Florida Supreme Court reversed a manslaughter conviction for Hallie Ellis, finding that an erroneous jury charge, similar to one that led to a co-defendant's conviction being overturned, necessitated a new trial for Ellis.
Yes, the manslaughter conviction is reversed because the erroneous jury charge, coupled with procedural errors and the self-defense claim, warrants a new trial.
“The erroneous charge given, in the Granville Ellis case was also given in this case, and, while it was not excepted to, except by a general exception to the whole of the Court’s general charge, since the principal defense was self-defense, considering this with assignments of error properly presenting questions of procedure in the trial, not requiring extended discussion, it is the judgment of the Court that upon the whole record substantial justice requires that this defendant also be awarded a new trial.”
This quote explains the primary reason for reversing the conviction, highlighting the erroneous jury charge and the need for substantial justice.
Hallie Ellis was indicted for first-degree murder along with several co-defendants. After a severance, Ellis was found guilty of manslaughter and sent…
The full statement of facts, procedural history, and disposition for this case are member content.
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West, J.
Plaintiff in error, Hallie Ellis, was jointly indicted with Herman Young, Granville Ellis and William H. Young, on a charge of murder in the first degree. There was a severance and on a trial of plaintiff in error a verdict was returned finding him guilty of manslaughter. Upon this verdict he was adjudged guilty and sentenced to a term of two years at hard labor in the Stgte prison. Writ of error was taken from this Court.
It appears from the evidence that the fatal shot was fired by Herman Young, a co-defendant. The judgment finding him guilty of manslaughter was reversed by this Court and a new trial awarded. Young v. State, 85 Fla. 348, 96 South. Rep. 381. A judgment finding Granville Ellis, another co-defendant, guilty of manslaughter was also reversed by this Court and a new trial awarded, the opinion being filed July 13, 1923. The erroneous charge given, in the Granville Ellis ease was also given in this case, and, while it was not excepted to, except by a general exception to the whole of the Court’s general charge, since the principal defense was self-defense, considering this with assignments of error properly presenting questions of procedure in the trial, not requiring extended discussion, it is the judgment of the Court that upon the whole record substantial justice requires that this defendant also be awarded a new trial.
Judgment reversed.
Taylor, C. J., and Whiteleid, Ellis, Browne and Terrell, J. J., concur.