Davis v. State
| Decision Date | 05 August 1918 |
| Citation | 79 So. 450,76 Fla. 179 |
| Parties | DAVIS et al. v. STATE. |
| Court | Florida 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.
George A. De Cottes, of Sanford, for plaintiffs in error.
Van C. Swearingen, Atty. Gen., for the State.
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.
To continue reading
Request your trial
-
Lowe v. State
... ... 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
... ... 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
-
Johnson v. State
... ... 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 ... ...