PERCY ROLAND
v.
STATE
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The Florida Supreme Court affirmed a manslaughter conviction, finding sufficient circumstantial evidence to support the jury's verdict. The defendant was found guilty of killing a pedestrian while driving a car recklessly.
Yes, the circumstantial evidence is sufficient to sustain the conviction for manslaughter.
“Plaintiff in error was tried and convicted of manslaughter, that is to say, for killing Ferdin Weather-bee by striking- him while driving an automobile in a grossly careless and reckless manner.”
This quote establishes the crime for which the plaintiff in error was convicted.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff in error was convicted of manslaughter for striking and killing Ferdin Weather-bee with a car. The incident occurred when the deceased w…
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Plaintiff in error was tried and convicted of manslaughter, that is to say, for killing Ferdin Weather-bee by striking- him while driving an automobile in a grossly careless and reckless manner. He was sentenced to serve three years in the State penitentiary and seeks relief from that judgment by writ of error.
The sole question relied on for reversal is the sufficiency of the evidence to sustain the judgment.
The evidence is circumstantial but it shows that deceased was struck about five-thirty P. M. March 11, 1935, while walking on the shoulder of the road leading from Indian Town to Jupiter. He was struck by an old model Chevrolet sedan with a red rusty top which was identified at the scene of the accident or near it and several times along the road as it sped away from where deceased was killed.
Plaintiff in error was identified as the driver of the car immediately after the accident, about three miles from it. There was but one eye witness to the accident but she did not recognize the parties in the car. The defendant did not take the stand and did not offer any evidence in his behalf.
*693The evidence is without conflict and points so strongly to defendant’s guilt we do not feel inclined to disturb the judgment. Houston v. State, 50 Fla. 90, 39 So. 469; Mayse v. State, 38 Okla. Crim. 144, 259 Pac. 277; State v. Durham, 201 N. C. 724, 161 S. E. 398.
Affirmed.
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.
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TGI Friday's, Inc. v. Dvorak, 663 So. 2d 606 (Fla. 1995)…ican Rule” that attorney fees may be awarded by a court only when authorized by statute or agreement of the parties.5 See P.A.G. v. A.F., 602 So. 2d 1259, [*615] 1260 (Fla.1992); Rowe, 472 So. 2d at 1147-48; Main v. Benjamin Foster Co., 141 Fla. 91, 192 So. 602, 604 (1939); Brite v. Orange Belt Securities Co., 133 Fla. 266, 182 So. 892 (1938). Accordingly, statutes such as section 768.79, which authorize an award of attorney fees, must be strictly construed. Gershuny v. Martin McFall Messenger Anesthesia P…
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Am. Home Assurance Co. v. Keller Indus., Inc., 347 So. 2d 767 (Fla. 3d DCA 1977)…“ * * * The authority to assess an attorney’s fee exists solely by virtue of section 627.0127, Florida Statutes, F.S.A., and since the section is in the nature of a penalty, it should be strictly construed. Main v. Benjamin Foster Co., 141 Fla. 91, 192 So. 602, 126 A.L.R. 1434 (1939); American Fidelity & Casualty Co. v. Greyhound Corp., 258 F. 2d 709 (5th Cir. 1958). Therefore, the chancellor had no authority to award an attorney’s fee when it affirmatively appeared that the conditions upon which the auth…
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Argonaut Ins. Co. v. Md. Cas. Co., 372 So. 2d 960 (Fla. 3d DCA 1979)…mulgated to protect an insured from an insurer’s non-compliance with the duty to defend, American National Insurance Company v. de Cardenas, 181 So. 2d 359 (Fla.3d DCA 1965), and is to be strictly construed. Main v. Benjamin Foster Co., 141 Fla. 91, 192 So. 602 (1939). The Legislature has not seen fit to allow contribution for costs or attorney’s fees between insurance companies. If contribution for costs were allowed between insurance companies, there would be multiple claims and law suits. The insurance…
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- Houston v. State, 50 Fla. 90 (Fla. 1905)