MELVIN EDWARD CHAMBERS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The Florida District Court of Appeal affirmed a conviction for grand larceny and breaking and entering, finding that the trial judge, as the trier of fact, had sufficient evidence to resolve conflicts and determine witness credibility.
The court held that the trial judge, as the trier of fact, was justified in resolving conflicts in the evidence and assessing witness credibility, and that the record provided adequate support for the conviction.
“Certain material issues relating to validity of the search warrant and as to the amount of money taken required the judge as trier of the facts, in the due performance of his duty and prerogatives, to resolve conflicts in the evidence and to pass upon questions of credibility of witnesses.”
This quote explains the role of the judge as the trier of fact in resolving evidentiary disputes and assessing credibility.
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Join FLexlaw to unlock all legal intelligenceThe appellant, Melvin Chambers, was convicted of grand larceny and breaking and entering with intent to commit grand larceny after a trial without a j…
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Melvin Chambers, the defendant below, appeals a judgment of conviction of the crimes of grand larceny and breaking and entering with intent to commit grand larceny. The cause was tried without a jury. By the testimony of one of the participants the occurrence, and the appellant’s part therein were established. Reversal is sought on contentions that the search warrant was Invalid, that certain evidence was improperly admitted, and a claim of insufficiency of the evidence to sustain the conviction.
Certain material issues relating to validity of the search warrant and as to the amount of money taken required the judge as trier of the facts, in the due performance of his duty and prerogatives, to resolve conflicts in the evidence and to pass upon questions of credibility of witnesses. The record furnishes adequate support for the decision reached, and no harmful error has been made to appear. The judgment appealed from is affirmed.
Affirmed.
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Whitney v. State, 184 So. 2d 207 (Fla. 3d DCA 1966)…5. Extra-judicial confessions made by the defendant without counsel are inadmissible evidence. Proceedings under Criminal Procedure Rule No. 1 have been held to be civil. See: State v. Weeks, Fla.1964, 166 So. 2d 892; Barton v. State, Fla.App.1965, 176 So. 2d 597. Principles of res adjudicata applicable to civil matters would prevent the same issues being raised in a subsequent proceeding if they actually were, should have or could have been raised in a prior proceeding. See: Hay v. Salisbury, 92 Fla. 446, 1…
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Cash v. State, 207 So. 2d 18 (Fla. 3d DCA 1968)…nce under review, is alleged perjury by a police officer which was known by the prosecuting officials. We find no error and affirm. This procedure partakes of a civil remedy. State v. Weeks, Fla. 1964, 166 So. 2d 892; Barton v. State, Fla.App.1965, 176 So. 2d 597; Whitney v. State, Fla.App.1966, 184 So. 2d 207; Bryant v. State, Fla.App.1967, 204 So. 2d 9. It is incumbent upon the appellant to make error appear. Coleman v. State, Fla.App.1967, 193 So. 2d 699; Plymale v. State, Fla.App. 1967, 201 So. 2d 85; Br…
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Bryant v. State, 204 So. 2d 9 (Fla. 3d DCA 1967)…an appellate record. See: Coleman v. State, Fla.App.1967, 193 So. 2d 699; Plymale v. State, Fla.App.1967, 201 So. 2d 85. Criminal Procedure Rule No. 1 proceedings partake of a civil nature. See: State v. Weeks, supra; Barton v. State, Fla.App.1965, 176 So. 2d 597; Whitney v. State, Fla.App.1966, 184 So. 2d 207. Even though a court reporter is not present, there are methods of establishing what evidence was before a trier of fact. See: Moyer v. Moyer, Fla.App.1959, 114 So. 2d 638; Downing v. Bird, Fla.App.196…
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