Hodella v. State
| Decision Date | 01 November 1946 |
| Citation | 158 Fla. 94,27 So.2d 674 |
| Parties | HODELLA v. STATE. |
| Court | Florida Supreme Court |
Appeal from Court of Record, Escambia County; Ernest E. Mason, judge.
Coe & Eggart, of Pensacola, for appellant.
J. Tom Watson, Atty. Gen., and Thomas V. Kiernan, Asst. Atty. Gen., for appellee.
Appellant being informed against for the crime of murder in the second degree, was convicted to manslaughter and perfected her appeal to this court.
The burden of appellant's contention is that the evidence showed that the appellant was either guilty of murder in the first degree or guilty of nothing more than justifiable homicide.
We entertain the view that the evidence was sufficient to have sustained a conviction of murder in the first degree and it, therefore, was sufficient to sustain a conviction of any lesser degree of unlawful homicide. See Ammons v. State, 88 Fla. 444, 102 So. 642; Morrison v. State, 42 Fla. 149, 28 So. 97; Owens v. State, 65 Fla. 483, 62 So. 651; Stone v. State, 57 Fla. 28, 48 So. 996; Dedge v. State, 68 Fla. 240, 67 So. 43; Johnson v. State, 24 Fla. 162, 4 So. 535, approved and distinguished in Marshall v. State, 32 Fla. 462, 14 So. 92; Brown v. State, 31 Fla. 207, 12 So. 640.
No reversible error being made to appear, the judgment is affirmed.
So ordered.
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Coppolino v. State
...guilty of a lesser degree of the offense regardless of the lack of evidence as to such degree. Killen v. State, supra; Hodella v. State, 158 Fla. 94, 27 So.2d 674 (1946). Under the statute, the trial judge should, and if requested must, instruct on all lesser degrees of the offense, if the ......
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Killen v. State
...to find the defendant guilty of a lesser degree of the offense, irrespective of the evidence as to such lesser degree. Hodellar v. State, 158 Fla. 94, 27 So.2d 674. However, the statute goes further. The last sentence requires that in 'all such cases' the court shall charge the jury as to t......
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Jimenez v. State
... ... defendant of an attempt to commit such offense, if such ... attempt is an offense, or convict him of any offense which is ... necessarily included in the offense charged. The court shall ... charge the jury in this regard.' ... In the case of ... Ruby Jean Hodella v. State, Fla., 27 So.2d 674, the ... appellant was charged with the offense of murder in the ... second degree and was convicted of manslaughter. On appeal ... she contended the evidence showed that the appellant was ... either guilty of murder in the first degree or that the ... homicide was ... ...
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Brown v. State, 35773
...guilty of a lesser degree of the offense regardless of the lack of evidence as to such degree. Killen v. State, supra; Hodella v. State, 158 Fla. 94, 27 So.2d 674 (1946). Under the statute, the trial judge should, and if requested must, instruct on all lesser degrees of the offense, if the ......