JAMES H. CROFT
v.
STATE

Fla. | 1939-05-12
Terrell, C. J., and Buford and Thomas, J. J., concur., Brown, J., concurs in opinion and judgment., Justices Whitfield and Chapman not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.
139 Fla. 711 Florida Supreme Court (1939) Positive Treatment
Also reported at: 191 So. 34
Cited by 4 cases

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Synopsis

The Florida Supreme Court affirmed a conviction for larceny of a cow, holding that the State sufficiently proved venue and presented adequate evidence to support the conviction.


Holding

Yes, venue must be proven in a larceny prosecution for a valid conviction. Yes, the evidence in this case was sufficient to justify the conviction.


Key Quotes

“In' a larceny prosecution is it esential to a valid conviction that the State prove venue?”

This quote states the first legal question presented by the appellant.

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Facts & Procedural History

The plaintiff in error was convicted of larceny of a cow. He appealed the conviction, raising two questions regarding the necessity of proving venue a…

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Opinion of the Court
Per Curiam.

Per Curiam.

To judgment of conviction of the offense of larceny of a cow plaintiff in error sued out writ of error.

He presents two questions for our consideration, stated as follows:

“Question No. One: In' a larceny prosecution is it esential to a valid conviction that the State prove venue?”
“Question No. Two: Is the evidence in the case at bar sufficient to justify conviction for larceny of a cow?”

Both questions must be answered in the affirmative.

Inspection of the record discloses that the'State met the burden suggested by each question.

No reversible error being made to appear, the judgment is affirmed.

So ordered.

Terrell, C. J., and Buford and Thomas, J. J., concur.

Brown, J., concurs in opinion and judgment.

Justices Whitfield and Chapman not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • McCLELLION v. State, 858 So. 2d 379 (Fla. 4th DCA 2003)
    …n to the exception contained in the constitution, numerous other exceptions are spelled out in Chapter 910, Florida Statutes, but none of them are applicable in this case. In order to obtain a conviction, the state must prove venue. Croft v. State, 139 Fla. 711, 191 So. 34 (1939); Pennick v. State, 453 So. 2d 542 (Fla. 3d DCA 1984). Venue is not an element of the charged crime, however, and need not be proved beyond a reasonable doubt. It is sufficient if the jury can reasonably infer from the evidence tha…
  • Debose v. State (Fla. 1st DCA 2024)

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