Dodd v. State
Decision Date | 24 April 1968 |
Docket Number | No. 36873,36873 |
Parties | Hurshel Ross DODD, Appellant, v. STATE of Florida, Appellee. |
Court | Florida Supreme Court |
C. A. Avriett, Jasper, for appellant.
Earl Faircloth, Atty. Gen., and George R. Georgieff, Asst. Atty. Gen., for appellee.
The defendant, Hurshel Ross Dodd, was indicted for murder in the first degree. A verdict was returned finding the defendant guilty without a recommendation of mercy. He was adjudged guilty and sentenced to death. This appeal is prosecuted from the sentence and judgment.
The principal question presented is whether in the trial of the defendant there was sufficient compliance with the mandatory provisions of Section 918.05 F.S. 1967, F.S.A. relating to a view by the jury of the automobile involved in the alleged crime as construed by this Court in McCollum v. State, Fla.1954, 74 So.2d 74.
Both the State and the defendant concede that the following is an accurate portrayal of the events of the trial relating to this matter:
(At this point the reporter walked to a window in the Courtroom on the second floor of the Courthouse and looked out upon the street, part of the public square, where there was a white Thunderbird parked, and the Jurors arrived at the vehicle and were walking around it and viewing it.)
(The reporter returned to his seat then in the Courtroom.)
MR. SLAUGHTER: Your Honor, I believe you had better go down there with the Jury and view it also. (The Court then descended the stairs and went down to the vehicle outside the Courthouse where the Jurors were viewing the subject automobile.)
(At this point remaining in the Courtroom were Counsel for the State, Mr. Slaughter and Mr. Edwards, Coun...
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Roberts v. State
...a fundamental per se reversible error under this Court's decisions in McCollum v. State, 74 So.2d 74 (Fla.1954) and Dodd v. State, 209 So.2d 666 (Fla.1968). Section 918.05, Florida Statutes View by jury.--When a court determines that it is proper for the jury to view a place where the offen......
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Bryan v. State, 89-03385
...the record that the judge did not accompany the jurors to the view, nor did Bryan waive the judge's presence. According to Dodd v. State, 209 So.2d 666 (Fla.1968), and McCollum v. State, 74 So.2d 74 (Fla.1954), the judge's absence at a jury view constitutes reversible error. The only except......