Browning v. State
Browning v. State
Opinion of the Court
At the Spring term, 1898, of the Circuit Court for DeSoto county the plaintiff in error was convicted of the crime of larceny of a hog, and sentenced to imprisonment in the penitentiary for one year, and for reversal of such sentence applies here by writ of error.
Two errors are assigned, that really amount to but one, vis: That the court erred in denying the defendant’s motion for new trial: First, because the verdict
It has been repeatedly held by this court that where there is any evidence to support the verdict it will not be set aside by the appellate court as against the evidence, unless it may well be assumed that the jury were improperly influenced by considerations outside of the evidence; and that a verdict will not be set aside by such court where its propriety depends entirely upon the credibility of conflicting witnesses. Tallahassee Railroad Co. v. Macon, 8 Fla. 299; Gaines v. Forcheimer, 9 Fla. 265; Wilson v. Dibble, 14 Fla. 47; Schultz v. Pacific Ins. Co., ibid. 73; Shaw v. Newman, ibid. 128; Moses v. Gilchrist, ibid. 325; Nickels and Gautier v. Mooring, 16 Fla. 76; Coker v. Merritt, ibid. 416; Forcheimer v. Mayo, ibid. 676; Sherman v. State, 17 Fla. 888; McMurray and Brittain v. Basnett, 18 Fla. 609; Huling v. Fla. Savings Bank and Real Estate Exchange, 19 Fla. 695; Netso and Bohlen v. Foss & Schneider, 21 Fla. 145.
_ We think that the evidence for the State in this case was ample to sustain the verdict found. The testimony for the defendant conflicted with it in some respects, but the jury, who are the exclusive arbiters of the credibility of witnesses, have given their decision on the side of the witnesses for the State, and under the long and well settled rule above announced we can not disturb their solution of it, there being nothing in the record indicative of their verdict having been induced by improper influences outside of the evidence before them.
Upon the second contention, that the motion for new trial should have been granted on the ground of newly discovered evidence, the court below was not in
Some contention is made in the briefs of the defendant in error that the indictment is fatally defective in giving no other more particular description of the animal stolen than that of “one hog, of the goods and chattels of,” &c., (giving the name of its owner.) This contention is settled adversely to the defendant in Mizell v. State, 38 Fla. 20, 20 South. Rep. 769.
Finding no error in the record, the judgment of the court below is hereby affirmed.
Reference
- Full Case Name
- John Browning, in Error v. The State of Florida, in Error
- Cited By
- 12 cases
- Status
- Published
- Syllabus
- Criminal Law — When Appellate Court Will Reverse on the Evidence — Appellate Practice — Evidence on Motions Must be Exhibited by Bill of Exceptions. 1. An appellate court will not set aside a verdict as being against the evidence where there is any evidence to support it, unless it may well be assumed that the jury were improperly influenced by considerations outside of the evidence; and a verdict will not ordinarily be set aside by such court where its propriety depends entirely upon the credibility of conflicting witnesses. 2. Evidence used or presented in support of a motion for new trial must be exhibited to an appellate court in and by a bill of exceptions, otherwise such court can not consider it.