Brinson v. State
| Decision Date | 17 September 1940 |
| Parties | BRINSON et al. v. STATE. |
| Court | Florida Supreme Court |
Rehearing Denied Oct. 18, 1940.
En Banc.
Berry Brinson, Sr., was convicted of murder in the second degree and Berry Brinson, Jr., and Minnie Bell were convicted of manslaughter, and they appeal under Acts 1939, c. 19554.
Affirmed.
TERRELL C.J., and CHAPMAN J., dissenting. Appeal from Circuit Court, Madison County; R H. Rowe, Judge.
Davis, Davis & McClure, of Madison, for appellant Berry Brinson, Sr.
R. E. Cowart, of Madison, for appellant Berry Brinson, Jr.
David Lanier, of Madison, for appellant Minnie Bell.
George Couper Gibbs, Atty. Gen., and William Fisher, Jr., Asst. Atty. Gen., for appellee.
Under an indictment charging Berry Brinson, Sr., as principal in the first degree with the crime of murder in the first degree and charging Minnie Bell and Berry Brinson, Jr., as principals in the second degree with the crime of murder in the first degree in effecting the death of on Lloyd Cooper Berry Brinson, Sr., was convicted of murder in the second degree and Minnie Bell and Berry Brinson, Jr., were convicted of manslaughter.
From these judgments the defendants appealed under the provisions of the Criminal Code, Acts of Legislature of 1939, c. 19554.
The appellants have presented seven questions for our consideration.
We have carefully studied the record in the light of briefs filed and it appears to us that no good purpose can be served by a discussion of the questions presented, but it is sufficient to say that the contention presented by each of such questions must be decided adversely to the appellants on authority of opinions heretofore rendered by this court involving such questions.
The evidence is to some extent conflicting but it was the province of the jury to determine who was and who was not speaking the truth. The jury evidently believed the testimony of the state's witnesses and did not believe much of the testimony of the defendants. The evidence adduced from state's witnesses was sufficient, if believed by the jury, to support a verdict against all of the defendants of a higher degree of unlawful homicide than that of which they were severally convicted. We find no reversible error either in the charges given by the court or in the action of the court in refusing to give some charges requested by the defendants. While it may be that some of the charges requested by the defendants and refused were proper expressions of the law and might have been properly given by the court, we find the charges given to be so full and complete that we cannot say the defendants suffered any prejudice by refusal of the court to give the requested charges referred to.
The appellants strenuously contend that in view of the fact that the indictment charged the unlawful homicide to have been committed by Berry Brinson, Sr., shooting the deceased with a pistol and the evidence showing that although Berry Brinson...
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