J. D. MOYE
v.
STATE OF FLORIDA

Fla. | 1941-07-08
Brown, C. J., Whitfield, Terrell and Buford, J. J., concur., Adams, J., disqualified.
147 Fla. 699 Florida Supreme Court (1941)
Also reported at: 3 So. 2d 403

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Synopsis

The Florida Supreme Court affirmed a conviction for manslaughter, holding that the evidence was sufficient to support the conviction despite the acquittal of co-defendants. The court found no reversible error in the record.


Holding

Yes, the evidence was sufficient to support the manslaughter conviction. The acquittal of co-defendants, while potentially a miscarriage of justice, did not negate the sufficiency of the evidence against the appellant.


Key Quotes

“The record discloses that the evidence was amply sufficient to support a verdict and judgment of conviction of a higher degree of unlawful homicide than manslaughter against all the defendants.”

Establishes the court's finding regarding the sufficiency of evidence.

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Facts & Procedural History

J. D. Moye, Mattie Moye, and Melvin Jenkins were indicted for first-degree murder. J. D. Moye was convicted of manslaughter, while Mattie Moye and Mel…

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Opinion of the Court
Per Curiam.

Per Curiam.

J. D. Moye, Mattie Moye and Melvin Jenkins were indicted for the crime of murder in the first degree. J. D. Moye was convicted of manslaughter and asks review on writ of error. Mattie Moye and Melvin Jenkins were acquitted.

*700The only challenge to the judgment is based on the question of the sufficiency of the evidence.

The record discloses that the evidence was amply sufficient to support a verdict and judgment of conviction of a higher degree of unlawful homicide than manslaughter against all the defendants. Why the two were acquitted is not apparent from the record but that such miscarriage of justice occurred is no reason why the appellant who inflicted the fatal w’ounds should not be punished.

On the whole record no reversible error is made to appear.

The judgment is affirmed.

So ordered.

Brown, C. J., Whitfield, Terrell and Buford, J. J., concur.

Adams, J., disqualified.


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