JOHN ELLISON AND WILEY ELLISON
v.
STATE
JOHN ELLISON AND WILEY ELLISON
STATE
115 Fla. 789
Florida Supreme Court (1934)
Positive Treatment
Also reported at: 156 So. 123
Cited by 3 cases
Opinion of the Court
Plaintiffs in error were indicted, tried and convicted of the offense of the larceny of one bull, the property of one W. J. Winburn.
The evidence as to the identity and ownership of the animal killed, butchered and sold by the plaintiffs in error is entirely unsatisfactory and unconvincing. It does not measure up to that degree of proof which is' required to establish guilt. At best, it could only be sufficient to create suspicion that the plaintiffs in error were guilty of the offense charged.
• The judgment should, therefore, be reversed and a new trial awarded. It is so ordered.
Reversed.
Whitfield, P. J., and Brown and Buford, J. J., concur.
*790Davis, C. J., and Terrell, J., concur in the opinion and judgment.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Davis v. State, 216 So. 2d 28 (Fla. 3d DCA 1968)…1, 53 So. 2d 533 (alleged theft of hogs); Maddox v. State, Fla.1948, 38 So. 2d 58. The evidence here creates a strong suspicion of guilt, but a mere suspicion, no matter how great, does not warrant a finding of guilt. Ellison et al. v. State, 1934, 115 Fla. 789, 156 So. 123. Reversed.…