JACKIE CARL ABBOTT, APPELLANT (DEFENDANT),
v.
STATE OF FLORIDA, APPELLEE (STATE)
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MILLS, Judge.
The defendant seeks reversal of judgments of conviction and sentence based upon jury verdicts finding him guilty of the crime of aiding two prisoners to escape.
The defendant contends that the judgments of conviction are fatally defective because the state failed to adduce evidence establishing that the prisoners were in lawful custody at the time of their escape.
The only testimony adduced by the state was that the prisoners were inmates at a prison camp on the date of their escape, and that one of the prisoners pled guilty to the charge of escape.
Section 843.12, Florida Statutes, provides that it is a crime to aid a person in escaping from an officer who is entitled to the lawful custody of the person. Proof that the escaped person was in lawful custody is necessary to a conviction for aiding escape. Evidence that the escaped person was in custody, without more, is insufficient to establish that he was in lawful custody. Maggard. v. State, 226 So. 2d 32 (Fla.App. 4th, 1969). In the case before us, the evidence was insufficient to sustain the defendant’s conviction.
Reversed with directions to discharge the defendant.
BOYER, C. J., and McCORD, J., concur.
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State v. Williams, 444 So. 2d 13 (Fla. 1984)…obable connection with the antecedent fact, I decline to hold that the jury was unreasonable, as a matter of law, in doing so. I am aware that other district courts have held to the contrary in similar situations. Two such cases are Abbott v. State, 326 So. 2d 204 (Fla. 1st DCA 1976), and Maggard v. State, 226 So. 2d 32 (Fla. 4th DCA 1969). However, I feel those opinions and the majority opinion invade the province of the jury. 416 So. 2d at 496-97. The trial court correctly denied the petitioner’s motion f…
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McGEE v. State, 435 So. 2d 854 (Fla. 1st DCA 1983)…aking, and Rescue, § 7, “Legality of custody, generally.” We have examined the cases relied upon by appellant on this point and find no conflict with the rule we apply here. Cf. Abigando v. State, 239 So. 2d 646 (Fla. 1st DCA 1970); Abbott v. State, 326 So. 2d 204 (Fla. 1st DCA 1976); Estep v. State, 318 So. 2d 520 (Fla. 1st DCA 1975); Fulford v. State, 113 [*859] So. 2d 572 (Fla. 2nd DCA 1959); Haggard v. State, 226 So. 2d 32 (Fla. 4th DCA 1969); Williams v. State, 416 So. 2d 493 (Fla. 5th DCA 1982). III.…
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Williams v. State, 416 So. 2d 493 (Fla. 5th DCA 1982)…en though such showing may support a reasonable inference of lawful custody, has not met the test to support a criminal conviction. King v. State, 42 Fla. 260, 28 So. 206 (Fla.1900); Fouts v. State, 374 So. 2d 22 (Fla. 2d DCA 1979); Abbott v. State, 326 So. 2d 204 (Fla. 1st DCA 1976); Estep v. State, 318 So. 2d 520 (Fla. 1st DCA 1975); Maggard v. State, 226 So. 2d 32 (Fla. 4th DCA 1969); Fulford v. State, 113 So. 2d 572 (Fla. 2d DCA 1959). A reversal based on insufficiency of the evidence precludes retrial be…1 / 3
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- Maggard v. State, 226 So. 2d 32 (Fla. 4th DCA 1969)