J. C. PIKE, PLAINTIFF IN ERROR,
v.
STATE OF FLORIDA, DEFENDANT IN ERROR
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The Florida Supreme Court affirmed a first-degree murder conviction, finding no reversible error in the trial court's rulings on evidence and the jury's resolution of the alibi defense.
No, the trial court did not commit reversible error in its evidentiary rulings. The jury was within its province to resolve the conflicting evidence, including the alibi defense, against the defendant.
“These assignments have been examined and we fail to find reversible error exemplified by the record, nor do we see that our views in extenso as to them would serve any useful purpose.”
This quote establishes the court's conclusion that no reversible errors were found in the trial court's proceedings.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff in error, J. C. Pike, was indicted and convicted of the first-degree murder of Levi Nathan Allen. The defense presented an alibi, which …
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Plaintiff in Error was indicted and convicted of the murder of Levi Nathan Allen and seeks to reverse this judgment on writ of error. The verdict was for murder in the first degree with recommendation to mercy.
There are twelve assignments of error. They attack ' the refusal of the trial court to permit an experiment with a lamp found in the house of Allen on the morning after the homicide, the refusal of the court to sustain objections to questions propounded to the defendant, Pike, and to the witness, Rhodes, the refusal to admit proferred testimony by the defendant as to the condition of an automobile cushion and the result of the analysis of alleged blood stains thereon and the order overruling defendant’s motion for new trial.
These assignments have been examined and we fail to find reversible error exemplified by the record, nor do we see that our views in extenso as to them would serve any useful purpose. The defense was an alibi which the evidence did not satisfactorily establish. The evidence of guilt was in some of its aspects, unreasonable, but on the whole, the jury in its province resolved it against the alibi and it supports the verdict.
The judgment below is therefore affirmed.
Affirmed.
Buford, C.J., and Whitfield, Ellis, Terrell and Brown, J.J., concur.
Davis, J., disqualified.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Flozell Hamp v. State, 130 Fla. 801 (Fla. 1937)…evidence tending to establish the alibi. This was a matter for the jury to determine and this Court should not assume, under the state of the record, to disturb its conclusion in this regard. McGill v. State, 42 Fla. 199, 28 Sou. 156; High v. State, 101 Fla. 163, 134 Sou. 154; Broxson v. State, 99 Fla. 787, 128 Sou. 628. The fourth question challenges the propriety of certain charges given by the court of its own motion. The charges complained of have been examined and found to be proper. The fifth questi…
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Pike v. State, 103 Fla. 594 (Fla. 1931)…der of Levi Nathan Allen in Lake County, Florida. The murder was alleged to have occurred on the 6th day of July, 1929. The conviction occurred in January, 1930. A writ of error was taken to the judgment which this Court affirmed. See Pike v. State, 101 Fla. 163, 134 South. Rep. 54. Pike’s defense was an alibi, which this Court, as well as the trial court, thought was not satisfactorily established. He was indicted jointly with Hiram Wesley Preseott. In one count Prescott was charged with being principal i…