EARL FRANCIS KRAAI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant Kraai was convicted of assault with intent to commit robbery after a jury trial, despite being charged with robbery. He appealed contending the court erred in denying his motion for judgment notwithstanding the verdict and in instructing the jury on the robbery charge. The appellate court affirmed the conviction, finding sufficient evidence for the conviction and proper jury instructions.
The trial court properly denied the motion for judgment notwithstanding the verdict because competent and substantial evidence supported each element of assault with intent to commit robbery. The court properly instructed the jury on robbery as a lesser included offense because sufficient evidence supported conviction on that charge.
“We have carefully reviewed the record and find therein competent and substantial evidence supporting each of the elements of the crime of assault with intent to commit robbery.”
Establishes the sufficiency of evidence standard and the appellate court's finding that evidence supported conviction.
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Join FLexlaw to unlock all legal intelligenceAppellant was charged by information with robbery. After a jury trial, he was convicted of the lesser included offense of assault with intent to commi…
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Appellant was charged in an information with the offense of robbery. After trial by jury he was convicted of the lesser included offense of assault with intent to commit robbery, and was sentenced to serve a term of imprisonment in the state prison. It is from that judgment of conviction and sentence that this appeal is taken.
Appellant presents two points on appeal for our consideration. By his first point appellant contends the court erred in refusing to grant his motion for judgment notwithstanding the verdict or, in the alternative, for a new trial. Appellant contends that there is a complete absence of evidence on one or more of the material elements of the offense with which he was charged which required the rendition of judgment in his favor. Secondarily, he asserts that even if the record contained some evidence either directly or inferentially supporting the elements of the offense for which he was convicted, the verdict is nevertheless contrary to the manifest weight of the evidence and should be set aside. We have carefully reviewed the record and find therein competent and substantial evidence supporting each of the elements of the crime of assault with intent to commit robbery. The credibility of the witnesses and the weight to be accorded their testimony is an exclusive function of the jury with which an appellate court will seldom interfere except in clear and. palpable cases.1
By his second point on appeal it is contended by appellant that the court erred in instructing the jury on the offense of robbery with which he was charged in the information. It is our view that the evidence, if believed by the jury, would have been sufficient to sustain a conviction of robbery instead of the lesser included offense of assault with intent to commit robbery. For this reason it is our view that the court was wholly justified, if not required, to instruct the jury with regard to the offense of robbery. Appellant’s point on this aspect of his appeal appears to us to be without substantial merit and must be rejected.
The judgment appealed is affirmed.
RAWLS, Chief Judge, and WIGGIN-TON, and CARROLL, DONALD K., JJ., concur.
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Cress Joseph Walker v. State, 222 So. 2d 61 (Fla. 3d DCA 1969)…asserts that there is insufficient evidence to support the guilty verdict. An examination of the record reveals that there was sufficient, competent evidence to sustain the guilty verdict entered by the trial judge. See Kraai v. State, Fla.App.1967, 200 So. 2d 267; Jones v. State, Fla. App.1966, 192 So. 2d 285; Spataro v. State, Fla.App.1965, 179 So. 2d 873; and Bass v. State, Fla.App.1965, 172 So. 2d 614. The defendant seeks reversal on the ground that the trial judge deprived him of the opportunity to prop…
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U. S. Fid. & Guar. Co. & Keller Metal Prods. v. Maldonado, 204 So. 2d 533 (Fla. 3d DCA 1967)…PER CURIAM. Whereas, the judgment of this court was entered on March 21, 1967 (200 So. 2d 267) affirming the rule absolute entered by the Circuit Court of Dade County, Florida, in the above styled cause; and Whereas, on review of this court’s judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed October 18…
Authorities Cited
- LEE v. State, 153 So. 2d 351 (Fla. 1st DCA 1963)