J. BURT PRUITT
v.
STATE
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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.
No, the trial court did not commit reversible error in its evidentiary rulings. The court found no abuse of discretion by the trial judge.
“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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Join FLexlaw to unlock all legal intelligenceThe 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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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.
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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…