PEARL ADAMS, MAYME ADAMS, CARRIE LEE JONES AND GLADYS JONES, PLAINTIFFS IN ERROR,
v.
THE STATE OF FLORIDA, DEFENDANT IN ERROR
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The Florida Supreme Court reviewed a murder conviction, affirming the judgment for one defendant while reversing it for three others due to insufficient evidence against them.
No, the evidence was insufficient to sustain the convictions for Mayme Adams, Carrie Lee Jones, and Gladys Jones, but it was sufficient for Pearl Adams.
“A judgment of conviction'will not be reversed where the record discloses substantial evidence of the defendant’s guilt when the question of the sufficiency of the evidence is the only one upon which a reversal is to be predicated.”
The court stated the general rule regarding the sufficiency of evidence for upholding a conviction.
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Join FLexlaw to unlock all legal intelligenceFour defendants were convicted of first-degree murder and sentenced to life imprisonment. The appeal focused solely on the sufficiency of the evidence…
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Buford, J.
This ease is before the court on writ of error to the judgment of the circuit court of Brevard county adjudging the defendants guilty of murder in the first degree and sentencing each of them to life imprisonment.
The only question needful to be dealth with by this court is that of the sufficiency of the evidence.
We are mindful of the rule that “A judgment of conviction'will not be reversed where the record discloses substantial evidence of the defendant’s guilt when the question of the sufficiency of the evidence is the only one upon which a reversal is to be predicated.” There is another as well settled rule, however, which we must also observe and that is that “a conviction can not be had upon guess work and suspicion, but must be based upon substantial evidence, as to every material element of the crime, of such a character as to convince a fair and impartial jury of the guilt of the accused.
In this case we find no substantial evidence to establish the guilt of Mayme Adams, Carrie Lee Jones and Gladys Jones. Therefore, the judgment as to these three named defendants, respectively, should be reversed and it is so ordered.
There is substantial and satisfactory evidence disclosed by the record on which the judgment against Pearl Adams may rest and as no reversible error is disclosed by the record in regard to the judgment entered against Pearl Adams, the same should be affirmed and it is so ordered. Reversed as to Mayme Adams, Carrie Lee Jones and Gladys Jones.
Affirmed as to Pearl Adams.
Whitfield, P. J., and Terrell, J., concur. Brown, J., concurs in the opinion and judgment.
Strum, J.-
I concur in the judgment of affirmance as to Pearl Adams., I am also of the opinion, however, that the evidence sustains the verdict of guilty as to all defendants, except Mayme Adams, and that the judgment should be affirmed as to Pearl Adams, Carrie Lee Jones and Gladys Jones.
Ellis, P. J,
I think the evidence sufficient to sustain the verdict as to Pearl Adams and Gladys Jones, I therefore agree to the conclusion of the majority as to the guilt of Pearl Adams.
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Armstrong v. State, 107 Fla. 494 (Fla. 1933)…ecessary to be alleged and proved a judgment of conviction will be reversed. McFeeters vs. State, 96 Fla. 660, 118 Sou. Rep. 919; Smith v. State, [*497] 101 Fla. 162, 133 Sou. Rep. 873; Hall vs. State, 90 Fla. 719, 107 Sou. Rep. 246; Adams v. State, 96 Fla. 356, 118 Sou. Rep. 204; Deiterle vs. State, 101 Fla. 79, 134 Sou. Rep. 42. The jury acquitted the defendant on the second count of the indictment, which charged culpable negligence in performing an operation with surgical instruments, resulting in deat…
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Nogar v. State, 277 So. 2d 257 (Fla. 1973)…, dissents and concurs with MASON, Circuit Judge. BOYD, J., dissents. . Fla.Const. art. Y, § 3(b) (3) (1973), F.S.A. . Foley v. Weaver Drugs, Inc., 177 So. 2d 221 (Fla.1965). . Pacetti v. State, 157 So. 2d 445 (Fla.App.2d 1963) ; Adams v. State, 96 Fla. 356, 118 So. 204 (1928) ; Shuler v. State, 57 So. 2d 336 (Fla.1952) ; 13 Fla.Jur., Evidence, § 417. See also : Fla.Std. Jury Inst., Crim., § 2.06 (p. 53).…