MARY ALICE YOUNG, A/K/A MARY ALICE IRONS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Mary Alice Young appeals her conviction for second-degree murder in the stabbing death of J.D. Irons, her spouse. The Florida appellate court affirmed her conviction, finding the evidence sufficient to support the jury's verdict.
The court affirmed the conviction, holding that the evidence was ample and sufficient to sustain both the jury's verdict and the judgment of guilt for second-degree murder.
[1] Evidence of bitter and hostile feelings, coupled with threats, between the victim and the defendant, can be sufficient to sustain a conviction for second degree murder.
[2] A conviction for second degree murder will be affirmed if the evidence presented at trial is ample to sustain the jury's verdict and the court's judgment of guilt.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The only point urged here for reversal is the alleged insufficiency of the evidence to sustain the jury's verdict and the Court's judgment of guilt. We have scrutinized the record carefully and find the evidence to be ample to sustain the verdict and judgment, and therefore affirm.”
States the sole issue on appeal and the court's disposition, establishing that the appellate court carefully reviewed the sufficiency of the evidence.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOn December 8, 1969, Mary Alice Young stabbed J.D. Irons, to whom she was married or living with, with a butcher knife outside their home in the prese…
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Appellant Mary Alice Young, a/k/a Mary Alice Irons, brings her appeal to this Court to review a final judgment and sentence entered by the Lee County Court of Record wherein she was convicted of second degree murder.
On December 17, 1969, indictment was returned against appellant Young for the second degree murder of one J. D. Irons, to whom she was then married or at least living with, by stabbing him with a butcher knife. On June 11, 1970, upon plea of not guilty, she was tried and convicted by a jury of second degree murder. Motion for new trial being duly denied, she was adjudged guilty of the offense and sentenced to serve a term in the State Prison, from which judgment of conviction she has filed this appeal. The only point urged here for reversal is the alleged insufficiency of the evidence to sustain the jury’s verdict and the Court’s judgment of guilt. We have scrutinized the record carefully and find the evidence to be ample to sustain the verdict and .judgment, and therefore affirm.
On the night of the unlawful homicide, December 8, 1969, there was undoubtedly bitter and hostile feeling between J. D. Irons and the defendant. It appears that raucous words had passed to and fro between them, interspersed with sundry dire threats, all apparently as an outgrowth of attentions which J. D. was paying to one Elbe Mae Gordon. Such attentions, in the opinion of Mary Alice, were too imminent and too ardent. Mary Alice thereupon became an activist in her own behalf, as she saw the light, and proceeded to plunge a butcher knife into the person of J. D. just outside the home wherein they were living and in the presence of witnesses. There was no evidence of physical provocation on the part of’ J. D. nor that he otherwise gave her' legal grounds to be the aggressor, which she was. The evidence is amply sufficient to sustain the conviction.
The judgment and sentence appealed from is therefore—
Affirmed.
HOBSON and McNULTY, JJ„ concur.
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Starks v. State, 223 So. 3d 1045 (Fla. 2d DCA 2017)…tional Dictionary 97(1976))). In accordance with this broad statutory language, Florida case law upholding convictions for second-degree murder logically encompasses a broad range of acts found to be imminently dangerous. See, e.g., Young v. State, 250 So. 2d 922, 923 (Fla. 2d DCA 1971) (act of stabbing the victim with a knife); Henry v. State, 145 So. 3d 924, 928 (Fla. 4th DCA 2014) (act of hitting the victim fifteen to twenty times with a baseball bat); Millan v. State, 932 So. 2d 557, 560 (Fla. 3d DCA 200…