GLEN PENDLETON
v.
STATE

Fla. | 1937-10-28
Ellis, C. J., and Terrell, J., concur., Whitfield, P. J., and Brown and Chapman, J. J., concur in the opinion and judgment.
130 Fla. 774 Florida Supreme Court (1937) Positive Treatment
Also reported at: 178 So. 835
Cited by 3 cases

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Synopsis

Glen Pendleton was convicted of armed robbery and challenged his conviction on six grounds, including claims of insufficient evidence, trial court error in excluding evidence, and denial of jury viewing of the getaway automobile. The Florida Supreme Court affirmed the conviction, finding no reversible error.


Holding

The conviction is affirmed. The trial evidence, if believed by the jury, was sufficient to warrant upholding the verdict. No reversible error was shown in the trial court's denial of the motion for the jury to view the automobile, as neither party had made proper effort to produce it during trial. The State's Attorney's remarks could not be reviewed without a record showing the specific language used.


Key Quotes

“the evidence adduced by the State if belived by the jury was quite sufficient to warrant the appellate court in refusing to disturb the verdict”

Establishes the standard of review for sufficiency of evidence on appeal—if the jury could rationally believe the evidence, the conviction will not be disturbed.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

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Facts & Procedural History

Pendleton and accomplices were charged with robbery from the person of another while armed with a dangerous weapon. The State presented evidence of Pe…

The full statement of facts, procedural history, and disposition for this case are member content.

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Opinion of the Court
Buford, J.

Buford, J.

Plaintiff in error, having been convicted of the offense of robbery from the person of another while being armed with a dangerous weapon, brings the judgment for review on writ of error. He presents six questions for our consideration, as follows:

“1. In this trial did the court err in refusing to grant the defendants a new trial?”

*775“2. Did the trial court err in overruling the objections of the defendants, to certain opening statements made by the State’s Attorney to the Jury and to certain evidence introduced by the State?”

“3. Did the court err in refusing to allow the jury to view the automobile stated to have been used in this alleged crime ?”

“4. Did the State prove that the defendants were present at the time it was alleged the crime was committed?”

“5. Is the testimony of the State’s witnesses, as to identity of the defendants or as to what the defendants were doing and wearing, sufficient upon which to base a conviction, when the identity of the defendants, or the identity of the crime alleged to have been committed, appears to have been obtained under circumstances bearing earmarks of falsehood or uncertainty?”

“6. Whenever three defendants are tried for committing such a serious crime as ‘Armed Robbery’ shouldn’t the evidence upon which to base a conviction be more positive, direct and conclusive?”

The fourth, fifth and sixth questions may be answered together by saying that the evidence adduced by the State if belived by the jury was quite sufficient to warrant the appellate court in refusing to disturb the verdict. See Ward v. State, 51 Fla. 133, 40 Sou. 167; Thomas v. State, 49 Fla. 123, 38 Sou. 516; Broxson v. State, 99 Fla. 1187, 128 Sou. 627.

Answering remaining questions will answer the first question.

The second question is without basis in the record as there is no showing in the record of the language used by the State’s Attorney which was the ground of the objection stated. Without having the record of the remarks made *776by the State’s Attorney, the appellate court cannot hold that reversible error was committed. See Lampkin v. State, 70 Fla. 448, 70 Sou. 440, and cases there cited.

The third question challenges the action of the court in denying the plaintiff in error’s motion to direct the jury to view the automobile in which it was alleged the plaintiff in error and his accomplice went away from the scene of the crime. We can only say that no error is made to appear here.

Plaintiff in error in this regard shows in his brief:

“In my opinion the court did err' in refusing to allow the jury to view the automobile. The car was available, and as it was an important instrument in the commission of the alleged crime this right should have been given to the jury as the defendants were entitled to each and every protection they had under the law.

There is no showing in the record that the automobile was present at the place of the trial, nor is there any showing that any effort had been made to have the automobile brought to the court for the purpose of being inspected by the jury. The following remark appears in the record as having been made by the trial judge in connection with this matter:

“The Court: In order that the jury may understand, I will state that either party might have produced the automibile here under process of the court. I don’t think either party is to blame any more than the other for its non-production. If it had been thought of sooner, I feel sure one or the.other would have had it here, but we cóuldn’t stop in the middle of the trial.”

The record does not show any abuse of discretion upon the part of the trial court in not directing the jury to view the automobile. See Tully v. State, 69 Fla. 662, 68 Sou. *777934; Crawford v. State, 70 Fla. 323, 70 Sou. 374; Washington v. State, 86 Fla. 533, 98 Sou. 605.

The judgment should be affirmed and it is so ordered.

Affirmed.

Ellis, C. J., and Terrell, J., concur.

Whitfield, P. J., and Brown and Chapman, J. J., concur in the opinion and judgment.


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Citator

Cited By

  • Ferguson v. State, 157 Fla. 324 (Fla. 1946)
    …e justified in disturbing the judgment for the reason given unless the record contained the utterance of the prosecuting officer and that utterance convinced us he had transgressed the provisions of the statute we have cited. See Pendleton v. State, 130 Fla. 774, 178 So. 835. The' statement we have quoted, made by counsel for appellant, is hardly more than a self-serving statement couched [*326] in the language of a motion, and is entirely insufficient to demonstrate any mistake on the part of the trial ju…

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