CHARLES BEVELS, ET AL,
v.
STATE OF FLORIDA
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The court held that there was no reversible error in the record and affirmed the judgment.
The defendants were found guilty of first-degree murder by a jury, which recommended mercy. The defendants moved for a new trial, citing that the verd…
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This case is before us on appeal from the Circuit Court in and for Jackson County, Florida. The transcript of record was filed here on the 23rd day of March, 1945. No brief has been filed in behalf of appellants.
The Attorney General has filed his motion praying that the judgment against the defendants be affirmed on the record.
The appellants filed in the lower court notice of grounds upon which they rely for reversal of the judgment. There is one ground specified reading as follows:
“The court erred in denying the defendant’s motion as a whole for a new trial.”
The defendants’ motion for a new trial was upon the following grounds, to-wit:
“1. The verdict is contrary to the evidence.
“2. The verdict is contrary to the law.
“3. The verdict is contrary to the law and the evidence.
“4. The evidence does not justify a verdict of guilty of murder in the first degree against these defendants, or either of them.”
The verdict was:
“We the jury find the defendants guilty of first degree murder as charged. Recommend mercy of court. So say we all.” Signed “L. E. Tidwell, Foreman.”
We have carefully examined the record and find no reversible error reflected therein. Therefore, judgment is affirmed as to each and every of said defendants, appellants here.
It is so ordered.
CHAPMAN, C. J., TERRELL, ADAMS and SEBRING, concur.
THOMAS, J, concurs in conclusion.
Brown, J, dissents.
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Foxworth v. State, 267 So. 2d 647 (Fla. 1972)…is selection. All of the defendants were convicted of murder in the first degree with recommendation of mercy. The conviction was affirmed on motion of the Attorney General by this Court on September 11, 1945. (Bevels et al. v. State, 156 Fla. 159, 23 So. 2d 156). There was no brief filed on behalf of Foxworth, nor was the appeal orally argued on the merits. In February 1964, Foxworth sought post-conviction relief and, upon summary denial of his petition by the Circuit Court, instituted habeas corpus proce…1 / 2
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Luella Maxine Owca and Leo W. Owca v. Sigmund S. Zemzicki and Betty B. Zemzicki, 137 So. 2d 876 (Fla. 2d DCA 1962)…. The whole instruction must be considered, together with the complete context of all the instructions in order to determine whether harmful error has resulted. See Butler v. Watts, Fla.App. 1958, 103 So. 2d 123; Gaston v. Sevor, 1945, 156 Fla. 157, 23 So. 2d 156; Becker v. Blum, 1940, 142 Fla. 60, 194 So. 275. Nor will a judgment be reversed because of an erroneous or incomplete charge which could not reasonably have been harmful. See Winthrop v. Carinhas, 1940, 142 Fla. 588, 195 So. 399, Tampa Electric Co.…
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Foxworth v. Wainwright, 167 So. 2d 868 (Fla. 1964)…time of his conviction. The records of this Court reveal the unsoundness of these contentions. After his 1944 conviction the petitioner and his co-defendants did appeal to this Court with assistance of counsel. Bevels et al. v. State, 156 Fla. 159, 23 So. 2d 156. We may take judicial notice of these records. Irvin v. Chapman, Fla., 75 So. 2d 591. Our examination of the original appellate record in the petitioner’s case shows clearly that his present contentions are without merit. He was assisted by experien…
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