CURTIS HUNT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1965-03-16
No. 64-752
Before BARKDULL, C. J., and TILLMAN PEARSON and CARROLL, JJ.
172 So. 2d 626 Florida District Court of Appeal, Third District (1965) Positive Treatment
Cited by 2 cases

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Synopsis

The Third District Court of Appeal of Florida affirmed a conviction for armed robbery, holding that a gun found near the crime scene was properly admitted into evidence and that the evidence was sufficient to support the conviction.


Holding

The court held that the gun was properly admitted into evidence and that the evidence was sufficient to support the conviction.


Key Quotes

“We hold that the evidence was properly admitted under the rule stated in Mobley v. State, 41 Fla. 621, 26 So. 732 (1899).”

Establishes the court's reasoning for admitting the gun into evidence.

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Facts & Procedural History

Curtis Hunt was arrested and charged with armed robbery. Following a non-jury trial, he was found guilty and sentenced to ten years in prison. He appe…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Curtis Hunt was arrested and charged with the crime of armed robbery. At the conclusion of a non-jury trial, he was found guilty as charged and sentenced to the State Penitentiary for ten years. He appeals the judgment of conviction.

Two points are presented; the first of these claims error in the admission into evidence of a gun found near the scene of the crime. We hold that the evidence was properly admitted under the rule stated in Mobley v. State, 41 Fla. 621, 26 So. 732 (1899).

Appellant’s second point indirectly considers the sufficiency of the evidence to support the finding of guilt. Even though' we doubt the effectiveness of the point stated to raise the question argued, we have reviewed the record and hold that the evidence is sufficient to adequately support the conviction.

Affirmed.


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Citator

Cited By

  • Benny M. Weeks v. State, 241 So. 2d 203 (Fla. 2d DCA 1970)
    …. Jones, Fla.1967, 204 So. 2d 515. As to the admission of the rifle into evidence, appellant’s arguments go to the weight of the evidence, not to its admissibility. Mobley v. State, 41 Fla. 621, 626, 26 So. 732 (1889) ; Hunt v. State, Fla.App.1965, 172 So. 2d 626. The judgment of the trial court is affirmed. HOBSON, C. J., and MANN, J., concur.…

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