Hall v. State, 54423

Decision Date16 July 1981
Docket NumberNo. 54423,54423
Citation403 So.2d 1319
PartiesFreddie Lee HALL, Appellant, v. STATE of Florida, Appellee.
CourtFlorida Supreme Court

Morton D. Aulls and H. D. Robuck, Jr., Tavares, for appellant.

Jim Smith, Atty. Gen., and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Freddie Lee Hall, along with Mack Ruffin, was indicted for the murder of Deputy Sheriff Lonnie Coburn. Hall was convicted and sentenced to death, 1 and he appeals both the conviction and sentence. We have jurisdiction. 2

Hall contends that the conviction cannot stand because the evidence of guilt is circumstantial and does not preclude every reasonable hypothesis of innocence. He also contends that there is no evidence, other than conjecture, of premeditation. Although we disagree with his first contention, we agree with the second and direct the trial judge to reduce the conviction to second-degree murder.

On the evening of February 21, 1978, Hall and Ruffin walked into a Shop & Go store in Ridge Manor, Hernando County. Rather than using the usual parking area in front of the store, they had parked their car in a field at the side of the store. Once in the store, their conduct aroused the suspicions of the clerk, who called the sheriff's substation located across the street. After spending some time in the store and buying several items, Hall and Ruffin left the store. In the meantime Deputy Sheriff Coburn had driven into the parking lot behind the store.

A woman and her daughter provided the only direct evidence of what occurred next. All either could say, however, was that she saw Hall and Ruffin approach the deputy, who carried a shotgun, and that, as they approached, one of the defendants put a bag on the ground. No one saw the deputy shot. When he was found, his service revolver was missing, but a pistol of then-unknown significance lay beneath his body.

The two men fled the scene in the car they had driven to the store. They were spotted by a deputy sheriff a short time later, and shots were exchanged during the ensuing chase. Hall and Ruffin abandoned the car and later that night were apprehended some distance from it. Deputy Coburn's pistol was found in the car.

At trial the state did not prove who did the actual shooting, but instead based its case on the theory that either Hall or Ruffin shot Coburn and the other helped. To substantiate this theory the prosecution presented evidence of the abduction, rape, and shooting of Karol Hurst which occurred shortly prior to Coburn's death. The weapon used in the Hurst murder was the one found under Coburn's body, while Coburn's gun was found in the car in which Hall and Ruffin fled from the scene of the Coburn slaying. That car was owned by Hurst. Groceries purchased by Mrs. Hurst just before her abduction were found in both the getaway car and near Ruffin's car.

These facts are sufficient to demonstrate beyond a reasonable doubt that the two men engaged in a common criminal scheme. As such each was a principal to the death, and the fact that the state did not prove which of the two fired on Coburn does not necessitate either's acquittal. By actively operating together each was guilty of the acts of the other. Foxworth v. State, 267 So.2d 647 (Fla. 1972), cert. denied, 411 U.S. 987, 93 S.Ct. 2276, 36 L.Ed.2d 965 (1973); Pope v. State, 84 Fla. 428, 94 So. 865 (1922). The evidence clearly demonstrates the guilt of each for Coburn's death.

Although it is clear that one of the men shot Coburn, the evidence presented is not sufficient to prove premeditation beyond a reasonable doubt. Coburn was wearing a bulletproof vest, but the sides of the vest were open. He was shot through the opening in the vest with his own gun from a distance, as opined by one expert, of two to five feet. The evidence of the defendants' homicidal intent is subject to conflicting interpretations. One is that Hall or Ruffin seized Coburn's gun intending to kill him, took aim, and fired. If this were true, then this killing was premeditated. There are other interpretations, one of which is that Coburn struggled with one or both of the defendants until either Hall or Ruffin pulled the trigger without intending to kill. If this were true, then the killing was not premeditated.

To prove a fact by circumstantial evidence, the circumstances must be inconsistent with any reasonable hypothesis of innocence. McArthur v. State, 351 So.2d 972 (Fla. 1977); Davis v. State, 90 So.2d 629 (Fla. 1956). While the circumstantial evidence in this case is inconsistent with any reasonable hypothesis of innocence as to...

To continue reading

Request your trial
33 cases
  • Hall v. Wainwright
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • May 16, 1984
    ......v. . Louie L. WAINWRIGHT, Secretary, Florida Dept. of Offender . Rehabilitation; Richard Dugger, Superintendent of Florida . State Prison at Starke, Florida; and Jim Smith, Attorney . General of the State of Florida, Respondents-Appellees. . No. 83-3563. . United States Court ......
  • Cochran v. State, 67972
    • United States
    • United States State Supreme Court of Florida
    • July 27, 1989
    ...upon by the state must be inconsistent with every other reasonable inference. Wilson v. State, 493 So.2d 1019 (Fla.1986); Hall v. State, 403 So.2d 1321 (Fla.1981). But the question of whether the evidence fails to exclude all reasonable hypotheses of innocence is for the jury to determine, ......
  • Jones v. State, 81-2176
    • United States
    • Court of Appeal of Florida (US)
    • February 26, 1985
    ...deemed insufficient to link defendant to theft of money taken from his uncle's room; grand larceny conviction reversed).38 Hall v. State, 403 So.2d 1319 (Fla.1981) (state's evidence deemed insufficient to establish the element of premeditation in a first degree murder case; conviction for f......
  • In re Hill
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • January 26, 2015
    ...S.E.2d at 618. 8. Hill v. Georgia, 510 U.S. 1066, 114 S.Ct. 745, 126 L.Ed.2d 708 (1994). 9. Hill, 662 F.3d at 1335. 10. Hall v. State, 403 So.2d 1319, 1320 (Fla.1981). 11. On October 15, 1981, the Florida Supreme Court denied Mr. Hall's petition for rehearing its decision affirming his conv......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT