MARGARET J. PIRIE, APPELLANT.

v.

JOHN PIRIE AND MARGARET D. PIRIE, HIS WIFE, APPELLEES

Citator

Cited By (22 total)

• Singer v. State, 109 So. 2d 7 (Fla. 1959)
  …n view thereof, although the remarks were no doubt calculated to stir the emotions of the jurors, we do not find these statements regarding the children in themselves sufficient to warrant reversal for new trial. See Hathaway v. State, Fla.App.1958, 100 So. 2d 662, 664; People v. Dukes, 1957, 12 Ill.2d 334, 146 N.E. 2d 14. The State Attorney also made the following statements in his address to the jury: “Now gentlemen, I find that I am a little emotional. I find myself in a position that I have never found…
• Enoch Lewis, Jr. v. State, 377 So. 2d 640 (Fla. 1979)
  …ed where a nonrelated witness is available to provide such identification. See Rowe v. State, 120 Fla. 649, 163 So. 22 (1935); Melbourne v. State, 51 Fla. 69, 40 So. 189 (1906); Ashmore v. State, 214 So. 2d 67 (Fla. 1st DCA 1968); Hathaway v. State, 100 So. 2d 662 (Fla.3d DCA 1958). However, the record in the case before us does not establish that McKinley Lewis, although a witness to the shooting and available to testify at trial, actually saw Essie Lee Martin after his death. Martin was shot in the early mo…
• Jones v. State, 569 So. 2d 1234 (Fla. 1990)
  …nesses are available to make such identification.” Welty, 402 So. 2d at 1162; see also Lewis v. State, 377 So. 2d 640 (Fla.1979); Rowe v. State, 120 Fla. 649, 163 So. 22 (1935); Ashmore v. State, 214 So. 2d 67 (Fla. 1st DCA 1968); Hathaway v. State, 100 So. 2d 662 (Fla. 3d DCA 1958). Although the testimony here is somewhat different from that which occurred in Booth,11 we conclude that the guilt phase identification of the victims by Brock’s sister and brother and Perry’s sister, in violation of Welty, create…

Authorities Cited

• State ex rel. Charles B. Sparks v. Mrs. A. E. Reeves, 97 So. 2d 18 (Fla. 1957)
• State of Fla. ex rel. Charles B. Sparks v. Mrs. A. E. Reeves, 81 So. 2d 754 (Fla. 1955)