STATE OF FLORIDA, EX REL. D. W. BRENNAN, AS ASSIGNEE OF ALTON M. AKE,
v.
B. F. BUTLER, ET AL., (BROWARD COUNTY PORT AUTHORITY)
STATE OF FLORIDA, EX REL. D. W. BRENNAN, AS ASSIGNEE OF ALTON M. AKE,
B. F. BUTLER, ET AL., (BROWARD COUNTY PORT AUTHORITY)
152 Fla. 698
Florida Supreme Court (1943)
Positive Treatment
Also reported at: 13 So. 2d 2
Cited by 6 cases
Opinion of the Court
This is a companion case to State, ex rel. Drennan, as assignee of Alton M. Ake v. H. L. McCann, et ah, decided this date. The question raised is concluded by what we said in the last cited case so the judgment is reversed on authority thereof.
It is so ordered.
BUFORD, C. J., TERRELL, THOMAS and SEBRING, JJ., concur.
BROWN, CHAPMAN and ADAMS, JJ., dissent.
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Am. Motors Corp. v. Ellis, 403 So. 2d 459 (Fla. 5th DCA 1981)…o examine the statement was necessary as counsel is entitled to read relevant portions of the statement to explain the apparent inconsistency in the witness’ testimony at trial. Hernandez v. State, 156 Fla. 356, 22 So. 2d 781 (1945); Brown v. State, 152 Fla. 698, 13 So. 2d 3 (1943). See also King v. Califano, 183 So. 2d 719 (Fla. 1st DCA 1966). The testimony of the witness Bates, called by AMC, related to a crucially important aspect of AMC’s defense: that the fire was caused by spillage of diesel fuel rat…
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Hernandez v. State, 156 Fla. 356 (Fla. 1945)…’ “Answer: ‘Yes, sir.’ “And then the following question, ‘What did he tell you he was going to do ?’ “Answer: ‘He didn’t say what he was going to do.’” This proffer was not accepted, and the trial proceeded. In the case of Brown et al. v. State, 152 Fla. 698, 13 So. (2nd) 3, the only eye witness to the homicide there involved, having testified in chief, was cross examined concerning certain testimony given by him at the coroner’s inquest, by reading to the witness fragmentary portions of the testimony t…
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Eugenio Coto Bega v. State, 100 So. 2d 455 (Fla. 2d DCA 1958)…described clearly brings this case within the definition of murder in the second degree. See Jones v. State, Fla.1952, 59 So. 2d 522; Melton v. State, Fla.1949, 41 So. 2d 450; Storey v. State, 1943, 153 Fla. 185, 13 So. 2d 912; Brown v. State, 1943, 152 Fla. 698, 13 So. 2d 3; and Taylor v. State, 1939, 139 Fla. 542, 190 So. 691, 124 A.L.R. 835. As to point number two, the state offered into evidence the knife, to which appellant objected because the evidence did not in any manner link the appellant with th…