O. C. HEATH, PLAINTIFF IN ERROR,
v.
STATE OF FLORIDA, DEFENDANT IN ERROR
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The Florida Supreme Court reversed a larceny conviction due to insufficient evidence, holding that a conviction cannot stand on guesswork or suspicion, and human liberty should not be forfeited without proof beyond a reasonable doubt.
No, the evidence was insufficient. The court held that a conviction cannot be based on guesswork or suspicion, and a person's liberty should not be taken away without proof that convinces a fair and impartial mind to a moral certainty and beyond a reasonable doubt.
“So far as is disclosed by the record whe'n the evidence was all in the jury at best could only guess which set of witnesses was correct in the identification of the animal.”
Highlights the lack of conclusive evidence for the jury's verdict.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff in error was convicted of larceny of a heifer yearling. There was conflicting testimony regarding the animal's ownership, with one set o…
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Buford, J.
In this case the plaintiff in error was convicted under an indictment charging him with the larceny of a red and white pided heifer yearling, an animal of the bovine species.
There was no conflict in the testimony except as to the identity of the animal. There was no evidence of concealment.
One set of witnesses testified positively to the identity of this young animal, which was unmarked, as being the property of Mrs. Tyre. The other set of witnesses testified just as positively identifying the animal as the property of Heath. It appears to us that one set of witnesses was mistaken as to the identity of the animal and, so far as the record shows, such mistake was an honest one.
So far as is disclosed by the record whe'n the evidence was all in the jury at best could only guess which set of witnesses was correct in the identification of the animal. This Court has repeatedly held that a person should not be convicted upon guesswork or suspicion. Human liberty should not be forfeited by conviction under evidence which is not sufficient to convince a fair and impartial mind of the guilt of the accused to a moral certainty and beyond a reasonable doubt.
Because of the unconvincing quality of the evidence in this case, justice demands that the judgment should be reversed and a new trial granted. It is so ordered.
Reversed.
Terrell, C. J., and Whitfield and Ellis, J. J., concur. Brown, J., concurs in the result.
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Citator
Cited By
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Pleas Forehand v. State, 126 Fla. 464 (Fla. 1936)…Green v. State, 17 Fla. 669; Williams v. State, 58 Fla. 138, 50 South. Rep. 749; Ming v. State, 89 Fla. 280, 103 South. Rep. 618; Armstrong v. State, 30 Fla. 170, 11 South. Rep. 618; Fuller v. State, 92 Fla. 873; 110 South. Rep. 528; Heath v. State, 97 Fla. 330, 120 South. Rep. 846; Troop v. State, 98 Fla. 385; 123 South. Rep. 811. The above cases show that this Court has modified the common law rule “Ad questionem facti non respondent judices; ad questionem legis non respondent juratores” (It is the offi…
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Delbert Tibbs v. State, 337 So. 2d 788 (Fla. 1976)…ction under evidence which is not sufficient to convince a fair and impartial mind of the guilt of the accused beyond a reasonable doubt. This is especially true in a case where life imprisonment is the penalty imposed. Heath v. State, [97 Fla. 330, 120 So. 846] supra. And where the evidence of identity of the accused as being the guilty party is not satisfactory to the appellate court, a new trial will be granted. Nims v. State, [70 Fla. 530, 70 So. 565] supra. In this case the sole testimony identifying…
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Odie McNeil v. State, 104 Fla. 360 (Fla. 1932)…ook writ of error to this Court. The judgment against Odie McNeil must be reversed on the authority of Nims v. State, 70 Sou. Rep. 565; Platt v. State, 65 Fla. 253, 61 Sou. Rep. 502; Newborn v. State, 73 Fla. 1064, 75 Sou. Rep. 581; Heath v. State, 97 Fla. 330, 120 Sou. Rep. 846; Parrish v. State, 98 Fla. 877, 124 Sou. Rep. 445. Human liberty should not be forfeited by a conviction under evidence which is not sufficient to convince a fair and impartial mind of the guilt of the accused beyond a reasonable…
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