Carnley v. State
| Decision Date | 18 October 1921 |
| Citation | 89 So. 808,82 Fla. 282 |
| Parties | CARNLEY v. STATE. |
| Court | Florida Supreme Court |
Error to Circuit Court, Santa Rosa County; A. G. Campbell, Judge.
Dade Carnley was convicted of larceny, and he brings error.
Reversed.
Syllabus by the Court
State must prove beyond a reasonable doubt that stolen property was of value alleged. To establish guilt upon a charge of larceny of property of the value of more than $20, proof beyond a reasonable doubt that the property stolen was of the value of $20 or more is required.
Defendant is presumed innocent, and every essential element of offense must be proved as alleged. One charged with the commission of a criminal offense is presumed to be innocent, and every essential element of the offense charged must be proved as alleged; otherwise a verdict of conviction will not be sustained by the evidence.
E. M. Magaha, of Milton, for plaintiff in error.
Rivers H. Buford, Atty. Gen., and Marvin C. McIntosh, Asst. Atty Gen., for the State.
Plaintiff in error, referred to herein as defendant, was indicted jointly with William Carnley for the larceny of property of a value of more than $20. The property alleged to have been stolen was certain described hogs, the property of another. There was a severance, and upon trial of defendant a verdict of guilty as charged was returned. To the judgment imposing sentence upon him this writ of error was taken.
To establish guilt upon this charge proof beyond a reasonable doubt that the property stolen was of the value of $20 or more is required. Curington v. State, 86 So. 344; Whitehead v. State, 20 Fla. 841; Francis v State, 87 Miss. 493, 39 So. 897. In the absence of such evidence the charge is not proved, and a verdict finding the accused guilty of such crime should not be permitted to stand. There is competent evidence in the record of the market value of hogs by weight in the vicinity in which the alleged theft occurred. But there is no sufficient proof of the weight of the stolen hogs to support a conviction of grand larceny. The owner, as a witness for the state testified that 'these hogs weighed about 100 pounds.' 'Yes, sir; about 100 pounds dressed.' He did not say that each of the hogs weighed 100 pounds, nor was it shown by any evidence that the aggregate weight of the hogs was sufficient, multiplied by the proved market value per pound to amount to $20 or more in value. It is true that it may be inferred that the witness intended to say that each one of the hogs would weigh 100 pounds; that the three would weigh 300 pounds; and this aggregate weight at the market...
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...667 So.2d 325 (Fla. 1st DCA 1995), along with decisions of this Court in Negron v. State, 306 So.2d 104 (Fla.1974), and Carnley v. State, 82 Fla. 282, 89 So. 808 (1921). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.FACTS Marrero drove his Ford F150 pickup truck through the entran......
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Marrero v. State
...667 So. 2d 325 (Fla. 1st DCA 1995), along with decisions of this Court in Negron v. State, 306 So. 2d 104 (Fla. 1974), and Carnley v. State, 89 So. 808 (Fla. 1921). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.FACTS Marrero drove his Ford F150 pickup truck through the entrance of......
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Frank v. State
... ... conviction should be reversed. Stewart v. State, 58 ... Fla. 97, 50 So. 642. Essential elements of the crime cannot ... be left to inference of conjecture. The accused is presumed ... to be innocent, and every essential element of the crime must ... be proven as alleged. Carnley v. State, 82 Fla. 282, ... 89 So. 808. There are no presumptions against the defendant ... Every essential element of the crime charged [121 Fla. 56] ... must be established against the accused beyond a reasonable ... doubt before a conviction is warranted. Sykes v ... State, 78 Fla. 167, ... ...
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