CLIFFORD STEPHENS, ALIAS JOE LOUIS,
v.
STATE
CLIFFORD STEPHENS, ALIAS JOE LOUIS,
STATE
140 Fla. 825
Florida Supreme Court (1939)
Positive Treatment
Also reported at: 192 So. 402
Cited by 5 cases
Opinion of the Court
On writ of error we review judgment imposing the death penalty on conviction of murder in the first degree.
The record has been examined in the light of briefs and oral argument before the Court. After careful consideration, we are of the opinion that the evidence is not legally sufficient to support the verdict and judgment and, therefore, that the judgment should be reversed and a new trial awarded.
It is so ordered.
Terrell, C. J., Brown and Chapman, J. J., concur.
Whi,tfield and Thomas, J. J., dissent.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Snipes v. State, 154 Fla. 262 (Fla. 1944)…establish premeditated design or intent to kill. See Richardson v. State, 80 Fla. 634; 86 So. 619; Smithie v. State, 84 Fla. 498, 94 So. 156; Forehand v. State, 126 Fla. 434, 171 So. 241; Frank v. State, 121 Fla. 53, 163 So. 223; Stephens v. State, 140 Fla. 825, 192 So. 402; Douglas v. State, supra. Section 924.34, Fla. Stats. 1941, confers upon the Supreme Court of Florida the power to reverse on appeal the judgment of the trial court, with directions to enter judgment for such lesser degree of offense (…
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Mose Douglas v. State, 152 Fla. 63 (Fla. 1942)…murder in the first degree of William D. Pledger and this court held that the testimony offered by the State to sustain premeditation was legally insufficient and awarded a new trial. See Frank v. State, 121 Fla. 53, 163 So. 223; Stephens v. State, 140 Fla. 825, 190 So. 402. The facts in Forehand v. State, supra, tend to establish a stronger case of premeditation or intent to kill than the case at bar. There is not a shred of testimony in the record to support premeditation or intent to kill. The appellan…