JOSEPH E. HALL, SOMETIMES KNOWN AS JOSEPH E. BOSTICK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant was charged m a one count information with grand larceny. The jury found him guilty and the trial judge sentenced him to a term of six months to one year. This timely appeal followed.
A review of the record and briefs, oral argument having been waived, shows that the conviction was based solely on circumstantial evidence. The First District Court of Appeal in the case of Harrison v. State, Fla.App.lst, 19S8, 104 So. 2d 391, in speaking about the standard of proof necessary to sustain a conviction in a circumstantial evidence case has held, [circumstantial evidence which leaves nothing more than a suspicion that the accused committed a crime is not sufficient to sustain a conviction.” The record discloses only the possibility of the appellant’s guilt, but the proofs are not of sufficient certainty to meet the standards prescribed.
Accordingly, the judgment appealed is
Reversed and remanded for new trial.
HOBSON, Acting C. J., and BOARD-MAN and GRIMES, TJ., concur.
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In the Interest of B. S. v. State, 320 So. 2d 459 (Fla. 3d DCA 1975)…e of proof. Circumstantial evidence which leaves nothing more than a suspicion that the accused committed a crime is not sufficient to sustain a conviction.” Harrison v. State, Fla.App.1958, 104 So. 2d 391, 394. Accord: Hall v. State, Fla.App.1974, 303 So. 2d 428, wherein a grand larceny conviction based solely on circumstantial evidence was reversed because the record disclosed only the possibility of guilt, but the proofs were not of sufficient certainty to meet the standards prescribed. In the case sub j…
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Donald v. State, 344 So. 2d 633 (Fla. 2d DCA 1977)…ial evidence is relied on to prove an essential element of the crime it must be of a conclusive nature and inconsistent with any other reasonable hypothesis but that of guilt. Harrison v. State, 104 So. 2d 391 (Fla. 1st DCA 1958); see Hall v. State, 303 So. 2d 428 (Fla. 2d DCA 1974). The arresting officer testified at trial that pursuant to investigation of a complaint that an intoxicated man was firing a [*634] pistol he concealed himself near the building where the man was alleged to be. As appellant came…
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J. L. J. v. State, 367 So. 2d 699 (Fla. 2d DCA 1979)…ual to that taken is suspicious, there was no evidence which contradicted his claim that he found the money. Circumstances alone which leave nothing more than suspicion that the accused committed a crime are not sufficient to convict. Hall v. State, 303 So. 2d 428 (Fla. 2d DCA 1974). REVERSED. SCHEB and OTT, JJ., concur.…
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- Harrison v. State, 104 So. 2d 391 (Fla. 1st DCA 1958)