Supreme Court of Florida, 1928

Smith v. State of Florida

Smith v. State of Florida
Supreme Court of Florida · Decided April 26, 1928 · Terrell, Whitfield, Buford, Ellis, Strum, Brown
116 So. 642; 95 Fla. 821 (Southern Reporter)

Smith v. State of Florida

Opinion of the Court

Terrell, J.

Plaintiff in error was indicted and tried for murder and convicted of manslaughter in the Circuit Court of Escambia County. By writ of error he comes here challenging his conviction. The main question brought up for our consideration is the sufficiency of the evidence to support the verdict. The evidence was circum *822 stantial. We do not think it meets the circumstantial evidence rule prescribed' by this Court in Hall v. State, 90 Fla. 719, 107 Sou. 246 and eases there cited, so the judgment below is reversed and a new trial awarded.

Reversed.

Whitfield, P. J., and Buford, J., concur. Ellis, C. J., and Strum and Brown, J. J., concur in the opinion and judgment.

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