Florida District Courts of Appeal, 1979

K. W. U. v. State

Florida District Courts of Appeal · Decided January 23, 1979 · Barkdull, Hubbart, Pearson

367 So. 2d 647; 1979 Fla. App. LEXIS 14452 (Southern Reporter, Second Series)

Cases that cite this one

22 later published cases cite this decision.

S.G. v. State (Fla. Dist. Ct. App. 1991)
WB v. State (Fla. Dist. Ct. App. 1989)
W.B. v. State (Fla. Dist. Ct. App. 1989)
Jones v. State (Fla. Dist. Ct. App. 1985)
JW v. State (Fla. Dist. Ct. App. 1985)
J.W. v. State (Fla. Dist. Ct. App. 1985)
In the Interest of AR (Fla. Dist. Ct. App. 1984)
Tien Wang v. State (Fla. Dist. Ct. App. 1983)
Davis v. State (Fla. Dist. Ct. App. 1983)
Jackson v. State (Fla. Dist. Ct. App. 1983)
Warren v. State (Fla. Dist. Ct. App. 1983)
AYG v. State (Fla. Dist. Ct. App. 1982)
D. L. J. v. State (Fla. Dist. Ct. App. 1982)
A. Y. G. v. State (Fla. Dist. Ct. App. 1982)
JLB v. State (Fla. Dist. Ct. App. 1981)
J. L. B. v. State (Fla. Dist. Ct. App. 1981)
JO v. State (Fla. Dist. Ct. App. 1980)
J. O. v. State (Fla. Dist. Ct. App. 1980)
KWU v. State (Fla. Dist. Ct. App. 1979)
JH v. State (Fla. Dist. Ct. App. 1979)
J. H. v. State (Fla. Dist. Ct. App. 1979)
R. M. v. State (Fla. Dist. Ct. App. 1979)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PEARSON, Judge.

The controlling question presented on this appeal is whether the rule that when circumstantial evidence is relied upon to prove guilt, it must be consistent only with guilt and must exclude every reasonable hypothesis of innocence, see Davis v. State, 90 So.2d 629 (Fla. 1956), and Forbes v. State, 210 So.2d 246 (Fla. 3d DCA 1968), is applicable when the only element proved by circumstantial evidence is the intent of the defendant to participate in a crime which he did not commit, but for which he is charged as an aider and abettor.

We hold that the rule is applicable, and in the case of a defendant charged as an aider and abettor, the circumstantial evidence relied upon to show his intent to participate must be such as to preclude every reasonable inference that he did not intend to participate in the crime. Cf. Lockett v. State, 262 So.2d 253 (Fla. 4th DCA 1972); and Douglas v. State, 214 So.2d 653 (Fla. 3d DCA 1968).

The judgment declaring K. U., a juvenile, a delinquent is reversed.

Reversed.

BARKDULL, J., dissents.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.