D. H. REDMON AND MARGARET HOLT
v.
STATE

Fla. | 1940-03-05
Whitfield, P. J., and Brown and Chapman, J. J., concur., Terrell, C. J., concurs in opinion and judgment., Justices Buford and Thomas not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.
142 Fla. 206 Florida Supreme Court (1940) Positive Treatment
Also reported at: 194 So. 483
Cited by 2 cases

Opinion of the Court
Per Curiam.

Per Curiam.

The evidence taken as an entirety does not attain that degree of probative force that is essential to sustain a conviction of a felony with a sentence to imprisonment in the State Penitentiary for periods of two years and of eighteen months respectively for the defendant below.

Reversed for a.new trial.

Whitfield, P. J., and Brown and Chapman, J. J., concur.

*207Terrell, C. J., concurs in opinion and judgment.

Justices Buford and Thomas 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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Cited By

  • Cumbie v. State, 156 Fla. 779 (Fla. 1945)
    …y to constitute the crime, then, and under these conditions and circumstances, it becomes the duty of the Court to reverse the cause for a new trial.” See also in this connection Fabal v. State, 104 Fla. 293, 139 So. 829 and Redmon et al. v. State, 142 Fla. 206, 194 So. 483. Applying these principles to this case, my conclusion is that the ends of justice would be best subserved by a reversal of the judgment with instructions to grant the motion for a new trial. CHAPMAN, C. J., and THOMAS, J., concur.…

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