Florida District Courts of Appeal, 1971

Harrell v. State

Harrell v. State
Florida District Courts of Appeal · Decided March 16, 1971 · Rawls, Spector, Wigginton
245 So. 2d 302; 1971 Fla. App. LEXIS 6911 (Southern Reporter, Second Series)

Harrell v. State

Opinion of the Court

PER CURIAM.

This is an appeal from a manslaughter conviction and ten-year sentence thereon. The evidence was conflicting as to who the aggressor was in the affray which resulted in a homicide. The rule is well settled that the jury is the trier of fact and that when the jury’s verdict is supported by competent substantial evidence, the appellate court will not substitute its judgment for that of the jury. Kellogg v. State, 219 So.2d 745 (Fla.App. 1969).

Numerous points have been raised by appellant, but our consideration of them fails to convince us that reversible error was committed in the trial of this cause.

Accordingly, the judgment reviewed herein must be

Affirmed.

WIGGINTON, Acting C. J., and RAWLS and SPECTOR, JJ., concur.

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