THOMAS MCBRIDE, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Thomas McBride was convicted of manslaughter for shooting and killing another person. On appeal, he challenged the sufficiency of the circumstantial evidence used to prove his guilt, but the court affirmed the conviction, finding the evidence sufficient to meet the demanding standard for circumstantial evidence convictions.
The court held that the circumstantial evidence was wholly sufficient to establish appellant's guilt beyond a reasonable doubt. Even if the jury accepted appellant's testimony as true regarding how the weapon was discharged, the circumstances of voluntary intoxication, reckless brandishing of a deadly weapon in the decedent's home, and creation of a dangerous situation were sufficient to sustain a manslaughter conviction.
“in order to sustain a conviction based upon circumstantial evidence, such evidence must not only be consistent with the defendant's guilt but it must also be inconsistent with any reasonable hypothesis of innocence”
Establishes the strict legal standard for circumstantial evidence convictions that appellant invoked on appeal
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Join FLexlaw to unlock all legal intelligenceAppellant shot and killed the decedent, but there were no eyewitnesses to the shooting. Appellant's guilt was established through circumstantial evide…
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Appellant was indicted, tried and convicted of manslaughter. From a judgment of conviction and sentence this appeal is brought.
Appellant’s sole point on appeal questions the sufficiency of the evidence to sustain the verdict and judgment. There were no eyewitnesses present at the time appellant shot and killed the decedent. His guilt was established by evidence of the circumstances surrounding the crime. Appellant relies upon the established rule of law to the effect that in order to sustain a conviction based upon circumstantial evidence, such evidence must not only be consistent with the defendant’s guilt but it must also be inconsistent with any reasonable hypothesis of innocence.1 Appellant urges that the evidence is not sufficient to meet the standard of the circumstantial evidence rule since the testimony which he gave at the trial is consistent with a reasonable hypothesis of his innocence.
We have carefully reviewed the record of the evidence introduced at the trial and find that it is wholly sufficient, if believed, to establish appellant’s guilt beyond a reasonable doubt within the limitations of the circumstantial evidence rule set forth above. This is the conclusion which the jury reached upon appropriate instructions by the court, and the conclusion reached by the trial judge in denying defendant’s motion for judgment notwithstanding the verdict, and for a new trial. It is our view that the jury had a right to believe that even though appellant’s testimony was consistent with a hypothesis' of innocence, that under the circumstances of the case such hypothesis was not a reasonable one and therefore should be rejected.
Even had the jury and the trial judge been willing to accept as true appellant’s statement as to how the weapon was discharged which caused decedent’s death, it *71appears irrefragable that by his act of becoming voluntarily intoxicated, in needlessly having on his person a deadly weapon which he brandished within the decedent’s home in a careless and reckless manner, he set the stage for the tragedy which ultimately followed even though he may have had not intention of killing the decedent. Such circumstances were held to have been sufficient to sustain a conviction of guilt in Dolan v. State.2
We find the ruling of the trial court to be free from error and therefore affirm the judgment appealed.3
RAWLS, C. J., and WIGGINTON, and CARROLL, DONALD K., JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
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Marasa v. State, 394 So. 2d 544 (Fla. 5th DCA 1981)…ellant took his shotgun out of his truck. Although the appellant had his gun pointed toward the ground, as he shifted his grasp, the shotgun discharged killing the victim. His conviction for manslaughter was affirmed. The court in McBride v. State, 191 So. 2d 70 (Fla. 1st DCA 1966), upheld a conviction for manslaughter on the following facts. The defendant, while voluntarily intoxicated, had on his person a deadly weapon which he brandished in a careless and reckless manner. Even though he may have had no i…1 / 2
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Jones v. State, 466 So. 2d 301 (Fla. 3d DCA 1985)…24 (Fla. 3d DCA 1971) (state’s evidence deemed sufficient to link defendant to the burglary of a store and to negate the defendant’s trial testimony denying the offense; convictions for burglary and attempted grand larceny upheld); McBride v. State, 191 So. 2d 70 (Fla. 1st DCA 1966) (state’s evidence deemed sufficient to negate defendant’s trial testimony and establish a criminal homicide; defendant’s version of the homicide was consistent with guilt in any event; manslaughter conviction upheld); Rausch v. S…
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Manuel v. State, 344 So. 2d 1317 (Fla. 2d DCA 1977)…the bar. When the driver of the vehicle pulled a shotgun out of his trunk the appellant— observing this — took his shotgun out of his truck and held it pointed toward the ground. As he shifted his grasp the shotgun discharged. In McBride v. State, 191 So. 2d 70 (Fla. 1st DCA 1966) a conviction for manslaughter was also upheld. The court found that the defendant “needlessly [had] on his person a deadly weapon which he brandished . in a careless and reckless manner.” The court stated that the defendant “set…
Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hoyt Dan Davis v. State, 90 So. 2d 629 (Fla. 1956)
- Zenchak v. Ryder Truck Rentals, Inc., 164 So. 2d 200 (Fla. 1964)
- Green Driggers v. State, 164 So. 2d 200 (Fla. 1964)
- Dolan v. State, 85 So. 2d 139 (Fla. 1956)
- Williams v. State, 89 Fla. 475 (Fla. 1925)