BOB ROGERS, PLAINTIFF IN ERROR,
v.
THE STATE OF FLORIDA, DEFENDANT IN ERROR
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Bob Rogers was convicted of armed robbery for leading a gang that forcibly seized whiskey from J. H. Stutz at gunpoint, using threats and machine guns. The Florida Supreme Court affirmed his life sentence, finding that although procedural errors occurred at trial, the overwhelming evidence of guilt rendered them harmless.
The court affirmed the conviction and life sentence, finding that although certain procedural irregularities and technical errors occurred at trial, they were harmless errors in light of the overwhelming evidence of guilt presented at trial.
“Plaintiff in error was convicted of the offense of armed robbery and sentenced therefor to life imprisonment.”
Establishes the conviction and sentence being appealed.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceBob Rogers arranged what appeared to be a legitimate whiskey purchase from J. H. Stutz but instead arrived with armed men carrying machine guns. Roger…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Extradition cases and more on FLexlaw
Plaintiff in error was convicted of the offense of armed robbery and sentenced therefor to life imprisonment.
According to the evidence the defendant below, Bob Rogers, was the leader of a gang of so-called “hi-jackers,” who held up and robbed one J. H. Stutz of a large quantity of high grade whiskey, a shot gun and other personal property. Rogers is shown to have arranged for a trade in which he was to buy the whiskey from Stutz, but instead of paying for it and taking delivery at the agreed place in the usual way, Rogers and his party of armed men appeared on the scene, drew weapons, including machine guns, and proceeded to take the whiskey in controversy by force after Rogers had threatened to kill Stutz or any one of his companions who interfered with him. Thereafter the whiskey so forcibly seized was loaded into an automobile and driven away to be sold outside the state. Rogers was some time afterward arrested and extradited from Pennsylvania. One of his alleged companions in the “hi-jacking,” B. L. Roach, was also informed against and convicted on a separate trial. The details of the Roach trial have been passed on by this Court at the present term. See Roach v. State, opinion filed at the present term.
While there were certain happenings at the trial that were irregular, and which in some particulars constitute technical error of procedure, a careful review of the whole record demonstrates that there was such convincing proof of the defendant's guilt adduced at the trial, that it is difficult to perceive how any other verdict could have been returned by the jury save that of. guilty. Because of .this, the errors complained of will not be considered by us as *375warranting a new trial. This is so because under the circumstances, such errors must be deemed to have been harmless in the light of the whole record.
The judgment is affirmed.
Whitfield, Terrell and Buford, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Melton v. State, 159 Fla. 106 (Fla. 1947)…rily or capriciously.” (Emphasis supplied.) See Hinson v. State, 62 Fla. 63, 56 So. 674; Bryant v. State, 89 Fla. 26, 103 So. 170; Driggers v. State, 90 Fla. 324, 105 So. 841; Thomas v. State, 96 Fla. 243, 118 So. 22; Rogers v. State, 108 Fla. 373, 146 So. 561; Goddard v. State, 143 Fla. 28, 196 So. 596; Dougherty v. State, 154 Fla. 308, 17 So. (2nd) 290. Moreover, counsel for appellant did not object to the introduction of the evidence relating to his admissions, although he had full opportunity to do s…