Robinson v. State

Supreme Court of Florida
Robinson v. State, 189 So. 824 (Fla. 1939)
138 Fla. 585; 1939 Fla. LEXIS 1454
Terrell, Whitfield, Buford, Thomas, Chapman, Brown, Compiled, Laws, Rules

Robinson v. State

Opinion of the Court

Per Curiam. —

Writ of error brings for review judgment of conviction of the offense of the larceny of a heifer.

The plaintiff in error challenges the sufficiency of the evidence to support the verdict and judgment.

The entire record has been examined. The evidence is found sufficient to support the judgment and verdict and no reversible error is made to appear.

Therefore, the judgment should be, and is, affirmed.

So ordered.

Terrell, C. J., and Whitfield, Buford and Thomas, J. J., concur.’ Chapman, J., dis'sents. Justice Brown not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.

Dissenting Opinion

Chapman, J.

(dissenting). — The question here is the identity of the heifer. State’s witnesses testified the heifer was the property of Henson. The defendant’s witnesses testified the heifer was the property of Robinson. The parties had different views of the identity of the heifer based exclusively on the color of the heifer. She was not marked *586 or branded. She was driven on the public road and killed and butchered in the day time under claim of ownership. See Heath v. State 97 Fla. 331. Welch v. State, 97 Fla. 456.

Reference

Full Case Name
Aaron Robinson v. State.
Status
Published