FRED RAYBON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The Florida Supreme Court reversed a conviction based on circumstantial evidence, holding that the evidence was insufficient to prove guilt beyond a reasonable doubt.
No, the circumstantial evidence was not sufficient to sustain the conviction because it was not inconsistent with any other hypothesis and did not point unerringly to the appellant's guilt.
“the evidence against the appellant Fred Raybon is entirely circumstantial in character.”
Describes the nature of the evidence used for conviction.
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Join FLexlaw to unlock all legal intelligenceThe appellant, Fred Raybon, was convicted based on evidence that was entirely circumstantial. The court reviewed the transcript of testimony to assess…
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PER CURIAM.
We have examined the transcript of testimony in this case, and find that the evidence against the appellant Fred Raybon is entirely circumstantial in character. It is concluded that the conviction of this appellant upon the circumstantial evidence herein cannot be sustained because, although the proof might be said to be consistent with his guilt, we cannot hold that it is inconsistent with any other hypothesis. Nor do we find it to be “of a conclusive character, pointing directly and unerringly to the accused’s guilt beyond a reasonable doubt”, but, on the contrary, we believe that it does not go beyond “mere suspicion, probabilities or suppositions”. See Lyons v. State, Fla., 47 So. 2d 541, 542.
Reversed and remanded for new trial on authority of Lyons v. State, supra. See also Kilbee v. State, Fla., 53 So. 2d 533.
ROBERTS, C. J., and TPIOMAS, HOB-SON and DREW, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
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Boardman v. Esteva, 323 So. 2d 259 (Fla. 1975)…e absence of a sufficient showing to the contrary, City of Miami Beach v. Kaiser, 213 So. 2d 449, 453 (Fla.App.3d, 1958), and also that there is a presumption that returns certified by election officials are presumed to be correct. Burke v. Beasley, 75 So. 2d 7 (Fla.1954). This is because the canvassing of returns, including absentee ballots, is vested in canvassing boards in the respective counties who make judgments on the validity of the ballots. When the voters have done all that the statute has requir…1 / 2
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Williams v. State, 206 So. 2d 446 (Fla. 4th DCA 1968)…thin the court’s determination. Bailey v. State, 1918, 76 Fla. 213, 79 So. 730; Chaffin v. State, Fla.App.1967, 204 So. 2d 22. To illustrate the appellate court’s power to review the evidence, the Florida Supreme Court, in Raybon v. State, Fla.1954, 75 So. 2d 7, reversed a conviction based upon circumstantial evidence because, “ * * * although the proof might be said to be consistent with his guilt, we cannot hold that it is inconsistent with any other hypothesis. * * *” In like vein is the quote from Syk…
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Spradley v. Bailey, 292 So. 2d 27 (Fla. 1st DCA 1974)…urges that the policy underlying the principle that the integrity of the ballot box may not be violated is to avoid the mere possibility that alterations and substitutions may occur. In support of this proposition, appellant cites Burke v. Beasley, 75 So. 2d 7 (Fla.1954), and Brake v. Gissendanner, 206 So. 2d 10 (Fla.App.1968), which cases stand for the proposition that the law is well settled that election ballots cannot be used to impeach an official return unless the integrity of the ballots is first c…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kilbee v. State, 53 So.2d 533 (Fla. 1951)
- Lyons v. State, 47 So.2d 541 (Fla. 1950)