D. B. C., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the evidence was insufficient to prove the child committed the offense of wantonly and maliciously throwing a missile at railroad cars.
A child was charged with delinquency for throwing rocks at railroad cars. The sole witness, a railroad policeman, testified he saw three boys, includi…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Delinquency cases and more on FLexlaw
RAWLS, Acting Chief Judge.
Appellant was charged by petition as follows:
“that . . . is a delinquent child because: On the 6th day of February, 1976, the said child did then and there wantonly and maliciously throw a missile, to-wit: rocks, at railroad cars of the SEABOARD COAST LINE RAILROAD CO., contrary to Section 790.19, Florida Statutes.”
The factual circumstances involved in this delinquency proceeding are quite similar to those recited in J. T. K. v. State, First District Court of Appeal, 341 So. 2d 229, opinion filed December 23,1976, although in the instant case the sole witness to the alleged incident, a Southern Railroad policeman, testified that while approximately 250 to 300 yards away, he saw three boys, one of whom was appellant, throwing “something” in the direction of the train but did not see what they were throwing. It was upon this evidence that the trial judge found that the allegations of the petition were sustained.
The evidence in this cause wholly failed to prove the felonious conduct proscribed by the statute. The trial judge erred in not granting appellant’s motion for judgment of acquittal.
Pursuant to this court’s opinion in J. T. K. v. State, supra, this cause is reversed with directions that appellant be discharged from the order dated May 18, 1976, placing him on probation.
REVERSED.
MILLS and SMITH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
E.J. v. State, 554 So. 2d 578 (Fla. 3d DCA 1989)…cation of delinquency for throwing a deadly missile. J.T.K. v. State, 341 So. 2d 229 (Fla. 1st DCA 1976) (evidence insufficient to support conviction for throwing a deadly missile when sole witness could not identify object thrown); D.B.C. v. State, 341 So. 2d 230 (Fla. 1st DCA 1976) (same). We find no evidence to support EJ.’s adjudication of delinquency for aggravated assault with a deadly weapon. A weapon is deadly if “when used in the ordinary manner contemplated by its design and construction [it] will…1 / 2
-
Carter v. State, 469 So. 2d 775 (Fla. 1st DCA 1984)…by the appellant on this point are not to the contrary. Preston v. State, 397 So. 2d 712 (Fla. 5th DCA 1981), simply states the rule that there must be proof that the object thrown was capable of causing death or great bodily harm. D.B.C. v. State, 341 So. 2d 230 (Fla. 1st DCA 1976), states that the evidence produced, from a sole witness who stood 250 to 300 yards away that defendant threw " ‘something’ in the direction of the train but [witness] did not see what they were throwing” was insufficient. J.T.K.…
-
J.W.B. v. State, 419 So. 2d 407 (Fla. 2d DCA 1982)…ts of those cases differ from those in the instant case. In other cases factually closer to the case before us, courts which have considered the statute have emphasized the strict construction to be placed on it. For example, in D. B. C. v. State, 341 So. 2d 230 (Fla. 1st DCA 1976), the sole witness to an incident testified that while approximately 250 to 300 yards away, he saw three boys, one of whom was the appellant, throwing “something” in the direction [*409] of the train but did not see what they were…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- J. T. K. v. State, 341 So. 2d 229 (Fla. 1st DCA 1976)