FRANK SHAW, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1959-01-08
No. 58-136
CARROLL, CHAS., C. J., and HORTON and PEARSON, JJ., concur.
108 So. 2d 766 Florida District Court of Appeal, Third District (1959) Positive Treatment
Cited by 1 case

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Synopsis

This case involves an appeal from a conviction for grand larceny. The appellate court affirmed the conviction, finding that the circumstantial evidence presented at trial was sufficient to support the jury's verdict.


Holding

Yes, the circumstantial evidence presented at trial was sufficient to support the conviction for grand larceny.


Key Quotes

“no reversible error has been made to appear.”

Establishes the court's conclusion that the trial proceedings were free of significant legal errors.

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Facts & Procedural History

The appellant, Frank Shaw, was convicted of grand larceny. The conviction was based entirely on circumstantial evidence. The details of the evidence a…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

From a judgment o,f conviction for the offense of grand larceny this appeal was taken. This court, after having examined the record and briefs and having heard argument of counsel, has concluded that in the light of the evidence adduced and the rulings of the trial court, no reversible error has been made to appear.

The conviction was based on circumstantial evidence. Without stating and reviewing the evidence, which we feel would serve no useful purpose, we have concluded that the evidence presented at the trial adequately supported the verdict and was sufficient to meet the requirement for circumstantial evidence that it be consistent with guilt of the accused and be inconsistent with his innocence. See Chason v. State, 148 Fla. 540, 4 So.2d 691.

The judgment appealed from is hereby affirmed.

CARROLL, CHAS., C. J., and HORTON and PEARSON, JJ., concur.


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Citator

Cited By

  • Smith v. The Town OF Bithlo, 314 So. 2d 212 (Fla. 4th DCA 1975)
    …educed to judgment) which accrued prior to exclusion judgments. The trial court erred. The bondholders were not parties to the judgments of ouster [*214] and, hence, such judgments are not a bar to the plaintiff’s claim. See, City of Ocoee v. Bell, 108 So. 2d 766 (2d DCA Fla.1959); Richmond v. Town of Largo, 155 Fla.226, 19 So. 2d 791 (1944). In view of our determination of the issues presented we feel that the cause must be remanded for a new trial consistent herewith. Reversed and remanded. OWEN, C. J.,…

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