Florida District Courts of Appeal, 1981

D. D. S. v. State

D. D. S. v. State
Florida District Courts of Appeal · Decided January 6, 1981 · Hubbart, Melvin, Nesbitt, Ret, Woodrow
392 So. 2d 328; 1981 Fla. App. LEXIS 27972 (Southern Reporter, Second Series)

D. D. S. v. State

Opinion of the Court

PER CURIAM.

Appellant’s adjudication of delinquency is reversed on a finding that the circumstantial evidence relied upon by the state was not shown to be inconsistent with a reasonable hypothesis of innocence. Circumstantial evidence did not rise to that reasonable certainty that the accused committed the offense. Pate v. State, 72 Fla. 97, 72 So. 517 (1916); see also, 13 Fla.Jur. Evidence § 417 and cases cited therein.

Reversed.

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