W. H. NEAL, DBA ACME DRILLING COMPANY, APPELLANT,

v.

ROBERT A. FLEMING CONTRACTORS, INC., APPELLEE

Citator

Cited By (29 total)

• Anibal Jaramillo v. State, 417 So. 2d 257 (Fla. 1982)
  …ble explanation as to how his fingerprints came to be on these items in the victims’ home. The State failed to establish that Jaramillo’s fingerprints could only have been placed on the items at the time the murder was committed. Cf. Tirko v. State, 138 So. 2d 388 (Fla. 3d DCA 1962). The evidence the State introduced at trial showed that on December 2, 1980, police were called to a residence in Dade County where they discovered the bodies of the two victims. Each victim had been shot in the head three times.…
• State v. Primus Hayes, 333 So. 2d 51 (Fla. 4th DCA 1976)
  …he Information inasmuch as the state has not shown, from the scant stipulated facts, that the defendant’s fingerprints could only have been made at the time the crime was committed, Knight v. State, 294 So. 2d 387 (4th DCA Fla.1974); Tirko v. State, 138 So. 2d 388 (3rd DCA Fla.1962). We offer these thoughts with reference to the facts: 1.It was not shown whether the print was found on the inside or outside of the window. 2. It was not shown whether the jalousie window was at the place of entry. 3. It was…
• Sorey v. State, 419 So. 2d 810 (Fla. 3d DCA 1982)
  …dence is the sole evidence relied upon to establish that the defendant was the perpetrator of the crime, it is said that “the circumstances must be such that the print could have been made only at the time the crime was committed.” 2 Tirko v. State, 138 So. 2d 388, 389 (Fla. 3d DCA 1962). The determination of whether the circumstances are such that the print could have been made only at the time the crime was committed is to be made by the fact-finder, Roberts v. State, 268 So. 2d 578 (Fla. 3d DCA 1972), prov…

Authorities Cited

• Miller-Dunn Co., Inc. v. Green, 154 Fla. 72 (Fla. 1944)