JOHN THORNTON
v.
STATE

Fla. | 1940-03-26
Terrell, C. J., Whitfield, P. J., Buford and Chapman, J. J., concur., Brown, J., dissents., Justice 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. 502 Florida Supreme Court (1940)
Also reported at: 194 So. 874

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Synopsis

The Florida Supreme Court affirmed a conviction for hog larceny, finding sufficient evidence and proper venue. The court briefly addressed the defendant's challenges to the evidence and location of the crime.


Holding

Yes, the evidence was sufficient to prove both the larceny and the venue.


Key Quotes

“Proof of venue was sufficient under authorities cited in Lowman, et al., v. State, 80 Fla. 18, 85 So. 166.”

Establishes the court's finding on the venue issue.

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Facts & Procedural History

John Thornton was charged with larceny of a hog in Jackson County. He pleaded not guilty, and a jury found him guilty. The court sentenced him to two …

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Opinion of the Court
Per Curiam.

Per Curiam.

An information was filed in the Circuit Court of Jackson County on the 8th day of May, 1939, charging one John Thornton with the larceny of a hog. Trial was had on a plea of not guilty. The jury returned a verdict of guilty and the court pronounced judgment thereon, sentencing the defendant to two years imprisonment. Defendant took writ of error to this Court. He challenges the sufficiency of the evidence to support proof of the larceny and the venue.

Proof of venue was sufficient under authorities cited in Lowman, et al., v. State, 80 Fla. 18, 85 So. 166. There is *503ample evidence to support the verdict. No error being made to appear, the judgment is affirmed.

Affirmed.

Terrell, C. J., Whitfield, P. J., Buford and Chapman, J. J., concur.

Brown, J., dissents.

Justice 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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