Bevels v. State

Decision Date11 September 1945
Citation23 So.2d 156,156 Fla. 159
PartiesBEVELS et al. v. STATE.
CourtFlorida Supreme Court

Appeal from Circuit Court, Jackson County; E. C. Welch, judge.

B. L. Solomon, of Marianna, for appellants.

J. Tom Watson, Atty. Gen., and Reeves Bowen, Asst. Atty. Gen., for appellee.

BUFORD, Justice.

This case is before us on appeal from the Circuit Court in and for Jackson County, Florida. The transcript of record was filed here on the 23rd day of March, 1945. No brief has been filed in behalf of appellants.

The Attorney General has filed his motion praying that the judgment against the defendants be affirmed on the record.

The appellants filed in the lower court notice of grounds upon which they rely for reversal of the judgment. There is one ground specified reading as follows:

'The court erred in denying the defendant's motion as a whole for a new trial.'

The defendants' motion for a new trial was upon the following grounds, to-wit:

'1. The verdict is contrary to the evidence.

'2. The verdict is contrary to the law.

'3. The verdict is contrary to the law and the evidence.

'4. The evidence does not justify a verdict of guilty of murder in the first degree against these defendants, or either of them.'

The verdict was:

'We the jury find the defendants guilty of first degree murder as charge Recommended mercy of court. So say we all.' Signed: 'L. E. Tidwell, Foreman.'

We have carefully examined the record and find no reversible error reflected therein. Therefore, judgment is affirmed as to each and every of said defendants, appellants here.

It is so ordered.

CHAPMAN, C. J., and TERRELL, ADAMS, and SEBRING, JJ., concur.

THOMAS, J., concurs in conclusion.

BROWN, J., dissents.

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6 cases
  • Foxworth v. Wainwright
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 1 d5 Agosto d5 1975
    ...court imposed life sentences on all four defendants. 2 The conviction was affirmed by the Supreme Court of Florida. Bevels v. State, Fla., 1945, 156 Fla. 159, 23 So.2d 156. Foxworth's first collateral attack on his trial was a motion in the Florida state circuit court, under the Florida Rul......
  • Foxworth v. State
    • United States
    • Florida Supreme Court
    • 20 d3 Setembro d3 1972
    ...of mercy. The conviction was affirmed on motion of the Attorney General by this Court on September 11, 1945. (Bevels et al. v. State, 156 Fla. 159, 23 So.2d 156). There was no brief filed on behalf of Foxworth, nor was the appeal orally argued on the In February 1964, Foxworth sought post-c......
  • Foxworth v. Wainwright, 71-1197.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 27 d3 Outubro d3 1971
    ...without argument on the merits on the motion of the Attorney General to affirm on the record, one Justice dissenting. Bevels v. State, 1945, 156 Fla. 159, 23 So.2d 156. Foxworth exhausted his state remedies and, upon denial of his petition for a writ of habeas corpus in the district court, ......
  • Foxworth v. Wainwright
    • United States
    • Florida Supreme Court
    • 7 d3 Outubro d3 1964
    ...After his 1944 conviction the petitioner and his codefendants did appeal to this Court with assistance of counsel. Bevels et al. v. State, 156 Fla. 159, 23 So.2d 156. We may take judicial notice of these records. Irvin v. Chapman, Fla., 75 So.2d 591. Our examination of the original appellat......
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