Grady v. State
| Court | United States State Supreme Court of Florida |
| Writing for the Court | CHAPMAN, Justice. |
| Citation | 176 So. 431,129 Fla. 416 |
| Parties | GRADY v. STATE. |
| Decision Date | 14 October 1937 |
176 So. 431
129 Fla. 416
GRADY
v.
STATE.
Florida Supreme Court
October 14, 1937
Error to Circuit Court, Marion County; J. C. B. Koonce, Judge.
Ethel Grady was convicted of the crime of manslaughter, and she brings error.
Reversed.
BUFORD and WHITFIELD, JJ., dissenting.
COUNSEL [129 Fla. 416] Charles A. Savage, of Ocala, for plaintiff in error.
Cary D. Landis, Atty. Gen., and Tyrus A. Norwood, Asst. Atty. Gen., for the State.
OPINION
CHAPMAN, Justice.
On June 12, 1936, plaintiff in error was tried and convicted of manslaughter in the circuit court of Marion county, Fla., and sentenced for a period of two years in the state prison of Florida. On writ of error to this court it is insisted that error accrued during the progress of the trial on the part of the state attorney when the following occurred:
'Q Have you ever been convicted of any offense? A. I have not so help me God
'By Mr. Savage: I object to the question, and move to strike the answer because the question may include misdemeanors.
[129 Fla. 417] 'By Mr. Hunter: I will withdraw the question, and bring in the records.
'By the Court: And the answer is stricken.
'By Mr. Savage: I object to the remark of the State's Attorney that he will bring in the records.
'By the Court: That is improper. The question has been withdrawn and the answer is stricken; that is entirely out of the picture. All questions about other crimes or convictions has nothing to do with this case at all.'
It is fundamental that the burden of establishing defendant's guilt rests with the prosecution; the presumption of innocence accompanies the defendant during each step of the trial. We feel that these rules should be scrupulously observed. We believe the prosecuting officer by the above remarks invaded the legal rights of this defendant. It is admitted by attorneys participating in this cause that error was committed, and present citation of authorities to show the trial court corrected this error by instructing the jury to disregard these statements. It is an attractive theory and a lofty conclusion to assume that the court by its remarks cured this error; but to this we cannot agree. The influence of this improper remark is reflected in the verdict found, and that no human agency could remove the effect thereof from the minds of the jury when it was deliberating upon its verdict.
There is a sharp conflict in the evidence about defendant being under the influence of whisky at the time of the accident. Defendant produced some witnesses who testified that within a short time prior to the accident she had not been drinking, while the officers at the scene of the locus in quo testified that they smelled whisky on her breath and knew it was not the odor of beer, but could not name the particular make or brand of whisky; that she could not [129 Fla. 418] walk straight when placed in jail, and shortly thereafter called for coffee. This conflict could be reconciled by assuming she obtained...
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Glassman v. State, No. 78-1340
...Oglesbyv. Page 211 State, 156 Fla. 481, 23 So.2d 558 (1945); Simmons v. State, 139 Fla. 645, 190 So. 756 (1939); Grady v. State, 129 Fla. 416, 176 So. 431 (1937); Akin v. State, 86 Fla. 564, 98 So. 609 (1923); Fitzgerald v. State, 227 So.2d 45 (Fla. 3d DCA 1969); Ailer v. State, 114 So.2d 3......
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Savage v. State
...State, 121 Fla. 53, 163 So. 223; Rivers v. State, 140 Fla. 487, 192 So. 190; Goddard v. State, 143 Fla. 28, 196 So. 596; Grady v. State, 129 Fla. 416, 176 So. 431; Sanchez v. State, 133 Fla. 160, 182 So. 645. The evidence discloses that Charles B. Savage, age 45, and Hannah Ford, a widow, a......
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Mency v. State, No. 1D18-1993
...of every reasonable doubt," which is consistent with the State's burden in every criminal case. See § 90.302, Fla. Stat.; Grady v. State , 129 Fla. 416, 176 So. 431, 431 (1937) (the burden of establishing a defendant's guilt rests with the State). However, prior to 2005, the claim of self-d......
-
Glassman v. State, No. 78-1340
...Oglesbyv. Page 211 State, 156 Fla. 481, 23 So.2d 558 (1945); Simmons v. State, 139 Fla. 645, 190 So. 756 (1939); Grady v. State, 129 Fla. 416, 176 So. 431 (1937); Akin v. State, 86 Fla. 564, 98 So. 609 (1923); Fitzgerald v. State, 227 So.2d 45 (Fla. 3d DCA 1969); Ailer v. State, 114 So.2d 3......
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Savage v. State
...State, 121 Fla. 53, 163 So. 223; Rivers v. State, 140 Fla. 487, 192 So. 190; Goddard v. State, 143 Fla. 28, 196 So. 596; Grady v. State, 129 Fla. 416, 176 So. 431; Sanchez v. State, 133 Fla. 160, 182 So. 645. The evidence discloses that Charles B. Savage, age 45, and Hannah Ford, a widow, a......
-
Mency v. State, No. 1D18-1993
...of every reasonable doubt," which is consistent with the State's burden in every criminal case. See § 90.302, Fla. Stat.; Grady v. State , 129 Fla. 416, 176 So. 431, 431 (1937) (the burden of establishing a defendant's guilt rests with the State). However, prior to 2005, the claim of self-d......