Supreme Court of Florida, 1957

Bonfanti v. State

Bonfanti v. State
Supreme Court of Florida · Decided November 27, 1957 · Connell, Drew, Hobson, Parks, Terrell, Thomas, Thornal
98 So. 2d 486 (Southern Reporter, Second Series)

Bonfanti v. State

Opinion of the Court

PER CURIAM.

From a perusal of the record in this case, we conclude that although the circumstantial testimony relied upon for conviction was consistent with the guilt of the appellant, it cannot be said to have been inconsistent with his innocence and to have pointed “ ‘unerringly to the accused’s guilt *487beyond a reasonable doubt.’ ” Raybon v. State, Fla., 75 So.2d 7.

Consequently the judgment is

Reversed.

TERRELL, C. J., THOMAS, HOBSON and O’CONNELL, JJ., and PARKS, Circuit Judge, concur. DREW and THORNAL, JJ., dissent.

Dissenting Opinion

DREW, Justice

(dissenting).

I think the evidence in this case is lawfully sufficient to support the verdict and judgment of conviction.

THORNAL, J., concurs.

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