MOSES PEARSALL, JR., AKA MOSES PERSON, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court affirmed a conviction for breaking and entering a motor vehicle, finding sufficient evidence and no reversible error in the jury instructions.
Yes, the evidence was sufficient to support the verdict. No, the trial court did not err in its jury instructions.
“although it is conflicting, there is substantial evidence to support the findings made by the jury and approved by the trial court.”
Establishes the court's finding regarding the sufficiency of the evidence.
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Join FLexlaw to unlock all legal intelligenceThe appellant was convicted by a jury for breaking and entering a motor vehicle with intent to commit a misdemeanor. The evidence presented at trial w…
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Appellant seeks reversal of a judgment of conviction and sentence rendered upon a jury verdict finding him guilty of breaking and entering a motor vehicle with intent to commit a misdemeanor.
One of the points on appeal questions the sufficiency of the evidence to support the verdict and judgment. Due consideration has been given to the applicable principle that a judgment of the trial court reaches the appellate court clothed with a presumption of correctness. Our review of the evidence reveals that although it is conflicting, there is substantial evidence to support the findings made by the jury and approved by the trial court. It is not *59the province of this court to substitute its judgment for that of the triers of facts, The findings of the jury will not be disturbed in the absence of a clear showing that they are erroneous as a matter of law.1
Appellant also contends that the trial court erred in failing to give certain instructions to the jury which were not requested by appellant, and by having incorrectly instructed the jury on the law relating to the issues in the case to which no objections were made by appellant. We find these contentions to be without merit.2
The judgment appealed is affirmed.
WIGGINTON, C. J., and CARROLL, DONALD K. and SPECTOR, JJ., concur.
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Citator
Cited By
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Spinkellink v. State, 313 So. 2d 666 (Fla. 1975)…41 Fla. 508, 193 So. 762 (1940). . 104 So. 2d 352 (Fla.1958) at 354. . McCutehen v. State, 96 So. 2d 152 (Fla. 1957). . Anderson v. State, 24 Fla. 139, 3 So. 884 (1888) ; Wetherington v. State, 263 So. 2d 294 (Fla.App.1972). . Pearsall v. State, 215 So. 2d 58 (Fla.App. 1968), cert. den. 396 U.S. 912, 90 S.Ct. 228, 24 L.Ed.2d 188.…
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Williams v. State, 247 So. 2d 425 (Fla. 1971)…tion on this was requested by appellant at trial. Fla.Stat. § 918.10(4), F.S.A. provides that a party may not complain on appeal about a failure to give an instruction unless an objection has been made before the jury retires; see Pearsall v. State, 215 So. 2d 58 (1st D.C.A.Fla.1968); Miller v. State, 102 So. 2d 737 (1st D.C.A. Fla.1958). Whether failure to give an instruction can constitute fundamental error compelling a new trial in the interests of justice would depend upon the facts of the case. Compare…
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Daniels v. State, 235 So. 2d 740 (Fla. 1st DCA 1970)…nd the record on appeal having been read and given full consideration, and the appellant having failed to demonstrate reversible error, the order of the lower court is affirmed. See Daniels v. State, 217 So. 2d 144 (Fla.App.1969); Pearsall v. State, 215 So. 2d 58 (Fla.App.1968); Jolly v. Wainwright, 175 So.Zd 245 (Fla. App.1965), and Davis v. State, 44 Fla. 32, 32 So. 822 (1902). JOHNSON, C. J., and CARROLL, DONALD K. and RAWLS, JJ., concur.…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- McCULLERS v. State, 143 So. 2d 909 (Fla. 1st DCA 1962)
- Forsythe v. Cary, 102 So. 2d 737 (Fla. 2d DCA 1958)
- Bennie Mark Miller v. State, 102 So. 2d 737 (Fla. 1st DCA 1958)