Florida District Courts of Appeal, 1965

Guerra v. State

Guerra v. State
Florida District Courts of Appeal · Decided March 16, 1965 · Carroll, Hendry, Pearson
173 So. 2d 176; 1965 Fla. App. LEXIS 4447 (Southern Reporter, Second Series)

Guerra v. State

Opinion of the Court

PER CURIAM.

Affirmed upon authority of the rule stated in Beck v. State, 142 Fla. 524, 195 So. 143; Walker v. State, 152 Fla. 455, 13 So.2d 4; State v. Sebastian, Fla.1965, 171 So.2d 893, [opinion filed 2/17/65].

Dissenting Opinion

CARROLL, Judge

(dissenting).

I am impelled to dissent. The evidence relied on to establish guilt was circumstantial. It was insufficient under the rule for such evidence announced in Davis v. State, Fla.1956, 90 So.2d 629, 632, as follows :

“ * * * Circumstantial evidence which leaves uncertain several hypotheses, any one of which may be sound and some of which may be entirely consistent with innocence, is not adequate to sustain a verdict of guilt. Even though the circumstantial evidence is sufficient to suggest a probability of guilt, it is not thereby adequate to support a conviction if it is likewise consistent with a reasonable hypothesis of innocence. * * * ”

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