Hammock v. State

• Decision Date: 15 May 1930
• Citation: 128 So. 267,99 Fla. 1119
• Parties: HAMMOCK et al. v. STATE.
• Court: Florida Supreme Court

128 So. 267

99 Fla. 1119

HAMMOCK et al. v. STATE.

Florida Supreme Court, Division B.

May 15, 1930

Error to Circuit Court, Lafayette County; Hal W. Adams, Judge.

John Hammock and C. R. Murray were convicted of larceny, and they bring error.

Affirmed as to defendant first named, and reversed as to defendant last named.

COUNSEL

W. P. Chavous, of Cross City, for plaintiffs in error.

Fred H Davis, Atty. Gen., and Roy Campbell, Asst. Atty. Gen., for the State.

OPINION

BUFORD J.

In this case the plaintiffs in error were convicted of the larceny of a cow. There appears to be sufficient evidence to sustain the verdict against John Hammock. The contention made by plaintiffs in error that the evidence is not sufficient to sustain the verdict against C. R. Murray appears to be well founded. The uncontradicted evidence is that Murray directed a negro by the name of Louis Young to go to Hammock and get him to assist Young in butchering a cow that belonged to Murray which he would find at a certain place. The negro was further directed by Murray to take the cow and deliver the cow after it was killed to Osteen, who conducted a market in Mayo. It further appears that the negro and Hammock killed six cows instead of one, and that one of the six cattle killed bore the brand which was recognized as the brand belonging to Murray. A hide bearing such brand was found at the place where the cattle were butchered some days after the cattle had been butchered. Murray was not present when any of the cattle were killed. When the cattle were killed one cow and one hide were delivered to Osteen for Murray, but the evidence is that Murray had seen neither the cow nor the hide after it was butchered, and that if it was not his cow which was delivered by Young and Hammock to Osteen, Murray was without any knowledge or information as to that fact.

The beef of one cow was delivered to Osteen, and Murray received pay for same. There is no evidence to show that Murray had any reason to believe that the beef for which he received pay from Osteen was the property of Brumley, whose cow was alleged to have been stolen.

The other cattle butchered were delivered to Clayton Howard by Hammock. They were paid for by check to Hammock, and he testified that he kept the money and that Murray had never made any demand on him for any part of it.

We think that the evidence in this case is sufficient to create a bare suspicion against Murray.

In Troop v. State, opinion filed August 1, 1929, reported 123 So. 811, 813, this Court say:

'It is a well-established general rule in this court that when the propriety of a verdict depends upon the credibility of conflicting testimony, and when the facts in evidence are complicated or contradictory, requiring a consideration of the character, integrity, or probity of witnesses whose testimony it is necessary to compare and weigh, the verdict of the jury will not be set aside as against the weight of the evidence unless the evidence

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