Davis v. State

Decision Date05 August 1918
Citation79 So. 450,76 Fla. 179
PartiesDAVIS et al. v. STATE.
CourtFlorida Supreme Court

Error to Circuit Court, Seminole County; James W. Perkins, Judge.

Reuben Davis and Rachel Smith were convicted of murder in the first degree. Reversed for new trial.

COUNSEL

George A. De Cottes, of Sanford, for plaintiffs in error.

Van C. Swearingen, Atty. Gen., for the State.

OPINION

PER CURIAM.

Plaintiffs in error were convicted of murder in the first degree, with a recommendation to the mercy of the court, and under the statute sentenced to life imprisonment. Sections 3205, 3994, Gen. Stats. 1906, Compiled Laws 1914.

The evidence of the identity of the plaintiffs in error as being the guilty parties is such that it is considered just and right that a new trial should be granted. Platt v. State, 65 Fla. 253, 61 So. 502; Nims v. State, 70 Fla. 530, 70 So. 565.

Reversed for a new trial. All concur.

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22 cases
  • Lowe v. State
    • United States
    • Florida Supreme Court
    • July 25, 1944
    ... ... 565; ... Fuller v. State, 92 Fla. 873, 110 So. 528; Ming ... v. State, 89 Fla. 280, 103 So. 618; Platt v ... State, 65 Fla. 253, 61 So. 502; Townsend v ... State, 95 Fla. 139, 116 So. 7; Coker v. State, ... 83 Fla. 672, 93 So. 176; Knowles v. State, 86 Fla ... 270, 97 So. 716; Davis v. State, 76 Fla. 179, 79 So ... The judgment ... appealed from is reversed and a new trial awarded ... BROWN, THOMAS, and ... ADAMS, JJ., concur ... BUFORD, C. J., and ... TERRELL and SEBRING, JJ., dissent ... BUFORD, Chief ... Justice (dissenting) ... ...
  • Cordell v. State
    • United States
    • Florida Supreme Court
    • January 8, 1946
    ... ... 565; Fuller ... v. State, 92 Fla. 873, 110 So. 528; Ming v ... State, 89 Fla. 280, 103 So. 618; Platt v ... State, 65 Fla. 253, 61 So. 502; Townsend v ... State, 95 Fla. 139, 116 So. 7; Coker v. State, ... 83 Fla. 672, 93 So. 176; Knowles v. State, 86 Fla ... 270, 97 So. 716; Davis v. State, 76 Fla. 179, 79 So ... The order ... and judgment of affirmance previously entered is hereby ... vacated, set aside, and held for naught and on this rehearing ... granted the judgment of the lower court appealed from is ... reversed and a new trial awarded ... ...
  • Wallace v. State
    • United States
    • Florida Supreme Court
    • August 5, 1918
  • Johnson v. State
    • United States
    • Florida Supreme Court
    • December 28, 1929
    ... ... its findings by substantial evidence of the existence of such ... material fact, a reversal should be awarded ... COUNSEL ... [98 ... Fla. 1101] Zewadski & Pierce, of Tampa, for plaintiff in ... [98 ... Fla. 1102] Fred H. Davis, Attt. Gen., and Ray Campbell, Asst ... Atty. Gen., for thE state ... OPINION ... BUFORD, ... The ... evidence entirely fails to establish the fact that the ... accused in any manner participated in the alleged robbery out ... of which resulted this prosecution ... ...
  • Request a trial to view additional results

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