HENRY JACKSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
HENRY JACKSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
201 So. 2d 573
Florida District Court of Appeal, Fourth District (1967)
Positive Treatment
Cited by 6 cases
Opinion of the Court
Defendant, Henry Jackson, appeals his conviction of murder in the second degree having been charged with murder in the first degree.
The court has carefully considered the record on appeal, the briefs and argument 'by counsel for the defendant and the state. From such consideration we find no reversible error.
Affirmed.
ANDREWS and CROSS, JJ., and WEISSING, LOUIS, Associate Judge, concur.
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NAT Harrison Assocs., Inc. v. Byrd, 256 So. 2d 50 (Fla. 4th DCA 1971)…cate submitted to an expert as a basis for an expert opinion, normally relate to the weight and not the admissibility of the opinion. Compare State Road Department v. Falcon, Inc., Fla.App.1963,157 So. 2d 563, 566, and Rimmer v. Tesla, Fla.App.1967, 201 So. 2d 573. Where, however, the factual predicate submitted to the expert witness in the hypothetical question omits a fact which is so obviously necessary to the formation of an opinion that the trial judge may take note of the omission on the basis of his co…
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Fla. Dep't OF Transp. v. Armadillo P'rs, Inc., 849 So. 2d 279 (Fla. 2003)…into evidence on the basis that the sufficiency of the facts required to form an opinion must normally be decided by the expert himself and any deficiency relates to the weight rather than the admissibility of the expert’s opinion); Rimmer v. Tesla, 201 So. 2d 573, 577 (Fla. 1st DCA 1967) (determining that argument that medical doctor’s testimony regarding precise time of death was insufficiently thorough was an issue of weight, not of competency or credibility). These holdings are also consistent with provi…
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King v. Font Corp., 612 So. 2d 662 (Fla. 2d DCA 1993)…ent’s spouse” and to relatives “dependent” on the decedent. Although the period was brief, Mrs. Schindler was the decedent’s spouse for some legal purposes. See, e.g., § 732.601, Florida Statutes (1991) (the simultaneous death act); Rimmer v. Tesla, 201 So. 2d 573 (Fla. 1st DCA 1967) (where husband and wife both died in automobile accident, but wife survived husband for fifteen minutes, no simultaneous death for purposes of probate). It has long been the rule that a decedent’s dependents for purposes of wrong…