Henderson v. State
Decision Date | 09 February 1954 |
Citation | 70 So.2d 358 |
Parties | HENDERSON et al. v. STATE. |
Court | Florida Supreme Court |
Mallory E. Horne, Tallahassee, for appellant James Henderson.
Douglass B. Shivers, Tallahassee, for appellant George Bailey.
Richard W. Ervin, Atty. Gen., and Bart L. Cohen, Asst. Atty. Gen., for appellee.
The defendants below were tried and convicted of murder in the first degree without a recommendation to mercy. They filed separate appeals from the judgment and sentence. Each of them assigned as error the ruling of the trial judge in permitting the introduction into evidence of certain photographs of the victim, and of the scene where he was killed. The defendant Bailey assigned as error the insufficiency of the evidence to sustain the verdict as to him.
We do not find that the trial court erred in permitting the photographs to be used as evidence by the prosecution. A material issue in the case was as to whether the deceased was shot from the rear or the front, and the photographs cleared up this issue. Lindberg v. State, 134 Fla. 786, 184 So. 662; Mardorff v. State, 143 Fla. 64, 196 So. 625.
As to the additional assignment of error relied on by Bailey alone, the record clearly establishes that the defendants, who were armed, were acting in concert with the intent to rob the deceased or burglarize his place of business in the nighttime. As they were stealthily slipping around his place of business, they came upon the deceased on the outside of the building where his business was located. Henderson thereupon shot the deceased from the rear with a shotgun. The defendants then looted the body, robbed the store and fled.
We think that under the facts shown by the record the assignment of error is without merit. Pope v. State, 84 Fla. 428, 94...
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State v. Peel
...873; Pope v. State, 1922, 84 Fla. 428, 94 So. 865; Lake v. State, 1930, 100 Fla. 373, 129 So. 827, 131 So. 147. See also Henderson v. State, Fla.1954, 70 So.2d 358, and Hornbeck v. State, Fla.1955, 77 So.2d 876. 'Where there are two or more persons charged in the same count of an informatio......
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Leach v. State, 30952
...the cause of death. Other capital cases which have involved allegedly gruesome photographs are Brooks v. State, 117 So.2d 482; Henderson v. State, 70 So.2d 358; Lindberg v. State, 134 Fla. 786, 184 So. 662; Ortiz v. State, 30 Fla. 256, 11 So. 611 and Hall v. State, 78 Fla. 420, 83 So. 513, ......
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...command, or abet another to commit such offense." Kauz v. State, 98 Fla. 687, 124 So. 177, 178 (1929). See generally Henderson v. State, 70 So.2d 358 (Fla.1954); Albritton v. State, 32 Fla. 358, 13 So. 955 The legislature did away with these distinctions when it enacted section 776.011, Flo......