J. BURT PRUITT
v.
STATE

Fla. | 1940-08-02
Terrell, C. J., Buford and Chapman, J. J., concur., Brown, J., concurs in opinion and judgment., Justices Whitfield and Thomas not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.
143 Fla. 897 Florida Supreme Court (1940) Positive Treatment
Also reported at: 197 So. 519
Cited by 3 cases

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Synopsis

The Florida Supreme Court affirmed a conviction for manslaughter, finding no reversible error in the trial court's exclusion or admission of evidence. The court held that the trial judge did not abuse discretion and that the evidence supported the conviction.


Holding

No, the trial court did not commit reversible error in its evidentiary rulings. The court found no abuse of discretion by the trial judge.


Key Quotes

“The record has been examined and no reversible error is made to appear.”

Establishes the appellate court's finding after reviewing the case.

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Facts & Procedural History

The plaintiff in error was tried for first-degree murder and convicted of manslaughter. He was sentenced to seven years in prison. The appeal argued t…

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Opinion of the Court
Per Curiam.

Per Curiam.

Plaintiff in error was tried for murder in the first degree and convicted of manslaughter. He was sentenced to serve seven years in the state penitentiary and seeks relief from that judgment by writ of error.

Five grounds are urged for reversal but they all go to the exclusion or admissibility of proferred evidence.

The record has been examined and no reversible error is made to appear. The assignments go to matters largely in the discretion of the trial court and it is not made to appear that his discretion was abused. The evidence was ample to have supported a higher degree of homicide so the judgment is affirmed.

Affirmed.

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

Brown, J., concurs in opinion and judgment.

Justices Whitfield and Thomas 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

  • Woods v. State, 154 Fla. 203 (Fla. 1944)
    …ed because of insufficiency of the evidence to support a verdict of that degree of homicide* when the record discloses that the evidence was sufficient to have supported a verdict and judgment for a higher [*206] degree of homicide. Pruitt v. State, 143 Fla. 897, 197 So. 519. Also see Ammons v. State, 88 Fla. 444, 102 So. 642; Morrison v. State, 42 Fla. 149, 28 So. 97; Owens v. State, 65 Fla. 483, 62 So. 651; Stone v. State, 57 Fla. 28, 48 So. 996; Dedge v. State, 68 Fla. 240, 67 So. 43; Johnson v. State, 2…

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