JOSE GUERRA, APPELLANT,
v.
THE STATE OF FLORIDA, COUNTY OF DADE, APPELLEE

Fla. 3d DCA | 1965-03-16
No. 64-923
Before TILLMAN PEARSON, CARROLL and HENDRY, JJ.
173 So. 2d 176 Florida District Court of Appeal, Third District (1965) Caution
Cited by 13 cases
Opinion of the Court
PER CURIAM.

CARROLL, Judge

(dissenting).

I am impelled to dissent. The evidence relied on to establish guilt was circumstantial. It was insufficient under the rule for such evidence announced in Davis v. State, Fla.1956, 90 So.2d 629, 632, as follows :

“ * * * Circumstantial evidence which leaves uncertain several hypotheses, any one of which may be sound and some of which may be entirely consistent with innocence, is not adequate to sustain a verdict of guilt. Even though the circumstantial evidence is sufficient to suggest a probability of guilt, it is not thereby adequate to support a conviction if it is likewise consistent with a reasonable hypothesis of innocence. * * * ”
Dissent
CARROLL, Judge

CARROLL, Judge

(dissenting).

I am impelled to dissent. The evidence relied on to establish guilt was circumstantial. It was insufficient under the rule for such evidence announced in Davis v. State, Fla.1956, 90 So. 2d 629, 632, as follows :

“ * * * Circumstantial evidence which leaves uncertain several hypotheses, any one of which may be sound and some of which may be entirely consistent with innocence, is not adequate to sustain a verdict of guilt. Even though the circumstantial evidence is sufficient to suggest a probability of guilt, it is not thereby adequate to support a conviction if it is likewise consistent with a reasonable hypothesis of innocence. * * * ”

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  • Krivanek v. The Take Back Tampa Political Comm., 625 So. 2d 840 (Fla. 1993)
    …in construing the law as applied to that affected agency of government. Lee v. Dowda, 155 Fla. 68, 19 So. 2d 570 (1944); Beverly v. Department of Business Regulation, 282 So. 2d 657 (Fla. 1st DCA1973); Haines v. St. Petersburg Methodist Home, Inc., 173 So. 2d 176 (Fla. 2d DCA), cert. denied, 183 So. 2d 211 (1965). We do not find the interpretation rendered by the Division of Elections to be unreasonable or unduly burdensome. Indeed, we find that such an interpretation seeks to fulfill the primary purpose beh…
  • Johnson v. Presbyterian Homes OF the Synod OF Fla., Inc., 239 So. 2d 256 (Fla. 1970)
    …ishings located therein, the parsonage and the burial ground, as provided in Subsection (4). Defendants say that the statute exempting property from taxation should be strictly construed. This is true, Haines v. St. Petersburg Methodist Homes, Inc., 173 So. 2d 176 (Fla.App.2d, 1965), but the rule of strict construction does not require that the narrowest possible meaning be given to words descriptive of the exemption. A fair and reasonable interpretation must be made of all laws, with due regard for the ordin…
  • Dade Cnty. Taxing Authorities v. Cedars OF Lebanon Hosp. Corp., Inc., 355 So. 2d 1202 (Fla. 1978)
    …326 So. 2d 425 (Fla.1975). Consistent with this democratic ideal is the maxim of statutory construction that the exemption laws are to be strictly construed. Straughn v. Camp, 293 So. 2d 689 (Fla.1974); Haines v. St. Petersburg Methodist Home, Inc., 173 So. 2d 176 (Fla.2d DCA 1965). Florida’s statutory law provides exemption for property “used” in an exempt manner. See Sections 196.012, 196.192, 196.195, 196.196, and 196.197, Florida Statutes (1973). Because the legislature has failed to expressly define the…

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