Smith v. State of Florida

Supreme Court of Florida April 26, 1928

Smith v. State of Florida, 116 So. 642 (Fla. 1928)

95 Fla. 821

Terrell, Whitfield, Buford, Ellis, Strum, Brown

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.

Reference

Full Case Name: Henry Smith, Plaintiff in Error, v. State of Florida, Defendant in Error
Status: Published