IRVIN GOFF
v.
STATE
In this case the Court is equally divided as to whether or not the judgment of the Circuit Court should be reversed or affirmed. Mr. Chief Justice Davis, Mr. Justice. Terrell and Mr. Justice Brown are of the opinion that the evidence is not legally sufficient to sustain the indictment accusing plaintiff in error of the desertion of his minor child. Mr. Justice Wi-iitfield, Mr. Justice Ellis and Mr. Justice Buford are of the opinion that no reversible error has been made to appear and that the judgment should therefore be affirmed. The judgment is'accordingly affirmed on the authority of State v. McClung, 47 Fla. 224, 37 Sou. Rep. 51.
Affirmed.
Davis, C. J., and Whitfield, Ellis, Terrell, Brown • and Buford, J. J., concur.
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Callaway v. State, 112 Fla. 599 (Fla. 1933)…contradictions and anomalies stamp it with the brand of falsehood and uncertainty so that the remaining evidence in the case was insufficient upon which to rest a conviction and that under the authority of the case of Council v. State, 111 Fla. 173, 149 South. Rep. 13, and Fuller v. State, 92 Fla. 873, 110 South. Rep. 528, the judgment should be reversed. It .is true that there are s'ome contradictions in the testimony of the woman, and the testimony of others impeaches its credibility. It is difficult for this…1 / 2
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Haag v. State, 111 Fla. 781 (Fla. 1933)…ound in the record, notwithstanding the jury’s verdict of guilty and the approval by the trial judge- of that verdict be denial of a motion for a new trial. We think the judgment should be reversed on the authority of Council v. State, 11 Fla. 173, 149 Sou. Rep. 13, wherein this Court held that where the evidence in a case of conivction for felony is not of a convincing character, but on the contrary bears earmarks of falsehood and uncertainty, the judgment should be revers'ed and a new trial awarded. See also…
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Parker Fortner v. State, 119 Fla. 150 (Fla. 1935)…ion of guilty of assault with intent to commit manslaughter alleged to have been by him perpetrated upon one Jimmie Oswald with a knife, places his chief reliance for reversal upon the doctrine heretofore laid down in Council v. State, 111 Fla. 173, 149 Sou. Rep. 13, wherein this Court held that a conviction for assault with intent to murder will be reversed for legal insufficiency of the evidence, where the evidence upon which the conviction was obtained bears earmarks of falsehood and uncertainty that stamp i…
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- The State of Fla. ex rel. Hiram J. Hampton v. McClung, 47 Fla. 224 (Fla. 1904)