DEAN EVAN HARRELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DEAN EVAN HARRELL, APPELLANT,
STATE OF FLORIDA, APPELLEE
245 So. 2d 302
Florida District Court of Appeal, First District (1971)
Positive Treatment
Cited by 3 cases
Opinion of the Court
This is an appeal from a manslaughter conviction and ten-year sentence thereon. The evidence was conflicting as to who the aggressor was in the affray which resulted in a homicide. The rule is well settled that the jury is the trier of fact and that when the jury’s verdict is supported by competent substantial evidence, the appellate court will not substitute its judgment for that of the jury. Kellogg v. State, 219 So.2d 745 (Fla.App.1969).
Numerous points have been raised by appellant, but our consideration of them fails to convince us that reversible error was committed in the trial of this cause.
Accordingly, the judgment reviewed herein must be
Affirmed.
WIGGINTON, Acting C. J., and RAWLS and SPECTOR, JJ., concur.
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Citator
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Songer v. State, 322 So. 2d 481 (Fla. 1975)…la.1961); Thompson v. State, 276 So. 2d 218 (Fla.App.1973), cert. den., 281 So. 2d 210. . Snipes v. State, 154 Fla. 262, 17 So. 2d 93 (1944). . Britts v. State, 158 Fla. 839, 30 So. 2d 363 (1947). . 104 So. 2d 352 (Fla.1958). . Harrell v. State, 245 So. 2d 302 (Fla.App.1971). . State v. Jones, 204 So. 2d 515 (Fla.1967). . State v. Dixon, 283 So. 2d 1 (Fla.1973), cert. den. in consolidated ease (Hunter), 416 U.S. 943, 94 S.Ct. 1950, 40 L.Ed.2d 295. . Section 921.141(3), Florida Statutes, now Section 921…
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Gaulden v. Arkwright-Boston Mfrs. Mut. Ins. Co., 358 So. 2d 267 (Fla. 3d DCA 1978)…kewise erred in submitting said question to the jury. Generally, the construction to be placed upon an insurance contract involves a question of law to be resolved by the court and is not an issue of fact to be determined by jury. Willis v. Willis, 245 So. 2d 302 (Fla. 1st DCA 1971). Sub judice, however, appellants introduced a second issue into the case. Appellants claimed that they had requested contents coverage from appellee and were misled into believing that such coverage had been extended. This allega…
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Mellard v. Fla. Dep't of Corr. (S.D. Fla. 2025)…ial court's decision not to answer jury's factual question “in light of the [court's] legitimate hesitation to comment upon the evidence”). The jury is the trier of fact and its role is to resolve the facts at issue in a trial. See Harrell v. State, 245 So. 2d 302, 302 9 Relatedly, the Florida court's decision to deny Petitioner relief on this point was not an unreasonable application of federal law. Indeed, Petitioner's argument on this issue relies once more on the faulty premise underscoring Ground One—…
Authorities Cited
- Kellogg v. State, 219 So. 2d 745 (Fla. 1st DCA 1969)