HENRY SMITH, PLAINTIFF IN ERROR,
v.
STATE OF FLORIDA, DEFENDANT IN ERROR

Fla. | 1928-04-26
Whitfield, P. J., and Buford, J., concur., Ellis, C. J., and Strum and Brown, J. J., concur in the opinion and judgment.
95 Fla. 821 Florida Supreme Court (1928) Caution
Also reported at: 116 So. 642
Cited by 29 cases
Opinion of the Court
Terrell, J.

Terrell, J.

Plaintiff in error was indicted and tried for murder and convicted of manslaughter in the Circuit Court of Escambia County. By writ of error he comes here challenging his conviction. The main question brought up for our consideration is the sufficiency of the evidence to support the verdict. The evidence was circum stantial. We do not think it meets the circumstantial evidence rule prescribed' by this Court in Hall v. State, 90 Fla. 719, 107 Sou. 246 and eases there cited, so the judgment below is reversed and a new trial awarded.

Reversed.

Whitfield, P. J., and Buford, J., concur. Ellis, C. J., and Strum and Brown, J. J., concur in the opinion and judgment.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (15 total)

  • Trs. OF the Internal Improvement Fund of the State of Fla. v. Lobean, 127 So. 2d 98 (Fla. 1961)
    …a different thing. It depends on the conduct of the parties for its efficacy. It is not concerned with the language of the instrument and may actually deny the legal effect of the deed. In Florida Land Investment Co. v. Williams, 1928, 98 Fla. 1258, 116 So. 642, 643, this court said: “An equitable estoppel, as affecting land titles, is a doctrine by which a party is prevented from setting up his legal title because he has through his acts, words, or silence led another to take a position in which the asse…
  • Jefferson Nat'l Bank AT Sunny Isles v. Metro. Dade Cnty., 271 So. 2d 207 (Fla. 3d DCA 1972)
    …Crews, Fla.App. 1958, 105 So. 2d 584. Moreover, one’s own wrongful act ordinarily cannot serve as a basis of a claim of estoppel against another, and it can be applied as an estoppel against estoppel. Florida Land Inv. Co. v. Williams, 98 Fla. 1258, 116 So. 642. It appears that after the plaintiff had extended its land into the bay by filling, it made an application to the county for a permit to construct a business building on its property, and the permit was granted.4 The plaintiff-appellant contends es…
  • Wiggins v. Lykes Bros., Inc., 97 So. 2d 273 (Fla. 1957)
    …up his. legal title because he has through his acts, words, or silence led another to take a position in which the assertion of the legal title would be contrary to equity and good conscience.” Florida Land Investment Co. v. Williams, 98 Fla. 1258, 116 So. 642, 643; Hagan v. Ellis, 39 Fla. 463, 22 So. 727. But the difficulty is that we can detect no way in which appellant has been led, by appellee, into a prejudicial position. No significant improvements have been made on the land as in Mumaw v. Roberson,…

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