Florida District Courts of Appeal, 1969

Smith v. State

Smith v. State
Florida District Courts of Appeal · Decided April 8, 1969 · Carroll, Hendry, Pearson
221 So. 2d 216; 1969 Fla. App. LEXIS 5924 (Southern Reporter, Second Series)

Smith v. State

Opinion of the Court

PER CURIAM.

The only question presented on this appeal is the sufficiency of the evidence as to the identity of the defendant-appellant. It is clear that where positive identification is made by one having an opportunity to observe the crime, an appellate court will not substitute its judgment as to the sufficiency of the identification. See Wright v. State, Fla.App.1966, 182 So.2d 264, and authorities cited therein.

Affirmed.

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