MARY THELMA MACK, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the trial court did not err in denying the motion for judgment of acquittal or in admitting photographs of the deceased.
The defendant was convicted of manslaughter after a jury trial. She appealed, arguing insufficient evidence for conviction due to self-defense and the…
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PER CURIAM.
Mary Thelma Mack was charged by information with second degree murder; but before trial, the charge was reduced to manslaughter. Mack was tried by jury, found guilty of manslaughter, convicted and sentenced to ten years imprisonment. She raises two points on appeal.
The first point is that the court erred in denying defendant’s motion for judgment of acquittal because the evidence was insufficient to support a conviction for manslaughter in that she acted in self defense. The question of self defense is one of fact to be determined by the jury. Scholl v. State, 94 Fla. 1138, 115 So. 43 (1927); J. Y. v. State, 332 So. 2d 643 (Fla.3d DCA 1976). Upon examination of the record, we find that there is substantial competent evidence to support the verdict. Crum v. State, 172 So. 2d 24 (Fla.3d DCA 1965); J. Y. v. State, supra. No error is demonstrated on this point.
Defendant’s second point on appeal is that the court erred in admitting gruesome and gory photographs of the deceased. Florida courts have held that gruesome and gory photographs may be admitted if they properly depict the factual conditions relating to the crime and if they are relevant in that they aid the court and jury in finding the truth. Swan v. State, 322 So. 2d 485, 487 (Fla.1975). The admissibility of photographs as evidence is a matter within the broad discretion of the trial court, and a ruling thereon will not be disturbed except when shown to be clearly abusive or patently erroneous under the circumstances shown in the record. Allen v. State, 340 So. 2d 536, 537 (Fla.3d DCA 1976). No abuse of discretion having been demonstrated, the conviction and sentence is
Affirmed.
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Citator
Cited By
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Stanley v. State, 357 So. 2d 1031 (Fla. 3d DCA 1978)…1 So. 2d 747 (Fla. 3d DCA 1975); Johnson v. State, supra. Stanley has failed to demonstrate that the admission of the photographs constituted an abuse of the trial court’s discretion. Allen v. State, 340 So. 2d 536 (Fla. 3d DCA 1976); Mack v. State, 346 So. 2d 1229 (Fla. 3d DCA 1977). The fourth point is that the court erred in adjudicating Stanley guilty of first degree murder, robbery and kidnapping. We find this point to be without merit as the jury verdict and conviction thereon are based upon ample, subs…
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Johnson v. Fla. Farm Bureau Cas. Ins. Co., 542 So. 2d 367 (Fla. 4th DCA 1988)…relevant evidence is inadmissible if its probative value is outweighed by the danger of unfair prejudice. See § 90.403, Fla.Stat. (1985). The admissibility of photographs is generally a matter within the trial court’s discretion. See Mack v. State, 346 So. 2d 1229 (Fla. 3d DCA 1977); Allen v. State, 340 So. 2d 536 (Fla. 3d DCA 1976). Even if the exclusion of the picture was error, we conclude that any error was harmless, as the photograph was merely cumulative evidence in light of the other testimony and exhi…
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Newman v. State, 371 So. 2d 718 (Fla. 3d DCA 1979)…of the briefs, record and argument of counsel, we find no reversible error. Yost v. State, 243 So. 2d 469 (Fla.3d DCA 1971); De la Cova v. State, 355 So. 2d 1227 (Fla.3d DCA 1978); Williams v. State, 353 So. 2d 588 (Fla.3d DCA 1977); Mack v. State, 346 So. 2d 1229 (Fla.3d DCA 1977); Jefferson v. State, 298 So. 2d 465 (Fla.3d DCA 1974). Accordingly, the conviction is affirmed.…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Crum v. State, 172 So. 2d 24 (Fla. 3d DCA 1965)
- Swan v. State, 322 So. 2d 485 (Fla. 1975)
- Tige Scholl v. State, 94 Fla. 1138 (Fla. 1927)
- J. Y. v. State, 332 So. 2d 643 (Fla. 3d DCA 1976)
- Allen v. State, 340 So. 2d 536 (Fla. 3d DCA 1976)