Florida District Courts of Appeal, 1968

Allen v. State

Allen v. State
Florida District Courts of Appeal · Decided June 25, 1968 · Barkdull, Hendry, Swann
211 So. 2d 590; 1968 Fla. App. LEXIS 5471 (Southern Reporter, Second Series)

Allen v. State

Opinion of the Court

PER CURIAM.

By this appeal, the appellant seeks reversal of his conviction for the crime of robbery, following a non-jury trial.

He argues that his conviction must be reversed because it was based upon circumstantial evidence which did not exclude every reasonable hypothesis of innocence.

The record contains sufficient, competent evidence to support the finding that the accused was the perpetrator of this crime and that his guilt was proven beyond any reasonable hypothesis of innocence. See Head v. State, Fla.1952, 62 So.2d 41; Asher v. State, 90 Fla. 75, 105 So. 140 (1925); Tirko v. State, Fla.App.1962, 138 So.2d 388.

The judgment and sentence be, and the same are, therefore,

Affirmed.

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