Council v. State
| Decision Date | 22 June 1933 |
| Citation | 111 Fla. 173,149 So. 13 |
| Parties | COUNCIL v. STATE. |
| Court | Florida Supreme Court |
Error to Circuit Court, Suwanee County; J. B. Johnson, Judge.
Joseph Council was convicted of assault with intent to murder, and he brings error.
Reversed.
COUNSEL J. M. Hearn, of Live Oak, for plaintiff in error.
Cary D. Landis, Atty. Gen., and Roy Campbell, Asst. Atty. Gen., for the State.
The plaintiff in error was convicted under the second count in an indictment charging him with the offense of assault with intent to murder.
The record discloses very little, if any, evidence at all to sustain the verdict.
In Fuller v. State, 92 Fla. 873, 110 So. 528, we said: This enunciation has been followed in Troop et al. v. State, 98 Fla. 385, 123 So. 811, and Williams v. State, 100 Fla. 814, 130 So. 456.
Because the evidence is not of a convincing character but, on the contrary, bears the earmarks of falsehood and uncertainty, the judgment should be reversed and it is so ordered.
Reversed.
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Jones v. State
... ... 364] influenced by considerations outside ... the evidence. See Kirkland v. State, 93 Fla. 172, ... 111 So. 351; Whitton v. State, 93 Fla. 97, 111 So ... 514; Howell v. State, 102 Fla. 612, 136 So. 456, 139 ... We have ... given consideration to the case of Council v. State, ... 111 Fla. 173, 149 So. 13; Fortner v. State, 119 Fla ... 150, 161 So. 94. Likewise the authorities declaring the law ... of self defense, and we are in accord with each of these ... authorities. The jury under the law had a right to believe or ... disbelieve the two State ... ...
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Fortner v. State
...upon one Jimmie Oswald with a knife, places his chief reliance for reversal upon the doctrine heretofore laid down in Council v. State, 111 Fla. 173, 149 So. 15, wherein this court held that a conviction for assault intent to murder will be reversed for legal insufficiency of the evidence, ......
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Fisher v. State
...discussion of the evidence. We think that the ends of justice require that this case stand reversed for a new trial. Council v. State, 111 Fla. 173, 149 So. 13; Fortner v. State, 119 Fla. 150, 161 So. Raker v. State, 84 Fla. 277, 94 So. 613; Minor v. State, 55 Fla. 90, 45 So. 818. The State......