Holland v. State
Decision Date | 29 September 1937 |
Citation | 129 Fla. 363,176 So. 169 |
Parties | HOLLAND v. STATE. |
Court | Florida Supreme Court |
Error to Circuit Court, Holmes County; E. C. Welsh, Judge.
Charlie Holland was convicted of arson, and he brings error.
Judgment affirmed.
Clyde R. Brown, of Bonifay, for plaintiff in error.
Cary D Landis, Atty. Gen., and Tyrus A. Norwood, Asst. Atty. Gen for the State.
An information was filed February 5, 1937, by John H. Carter Jr., state attorney of the circuit court of Holmes county Fla., charging plaintiff in error with the crime of arson, and upon arraignment he entered a plea of not guilty. During the same term of the circuit court of Holmes county the cause was tried by a jury. The prosecution offered a number of witnesses, while the defendant rested his case upon his sworn statement to the jury. After argument of counsel and the charge of the court upon the law of the case the jury rendered or filed its verdict of guilty. An order by the lower court was entered overruling or denying defendant's motion for a new trial. The lower court sentenced the defendant to serve a period of two years in the Florida state prison. From this judgment of conviction, defendant below, who is plaintiff in error here, sued out writ of error from this court and has assigned as error for reversal the order of the lower court overruling the motion for a new trial. This motion raises the legal sufficiency of the evidence to sustain the verdict of the jury.
The evidence shows the defendant was operating a beer saloon at the small town of Esto in Holmes county. The saloon had been in existence for about six months prior to the burning of the church.
Friction arose between defendant and the membership or some of the members of the Baptist Church of Esto about the sale of beer within the prohibited distance by law to a church or school. It was established that the defendant stated, 'It would be easier to move the dam church than his saloon.' Some few minutes before the fire he got some matches and left his saloon and shortly thereafter the church was burning and some gasoline kept about his place was not to be found. The description of the fire as made by the witnesses showed the use of gasoline or some other highly combustible material. The evidence is ample to sustain the finding of the jury. In the suit of Knight v. State, 60 Fla. 19, text page 21, 53 So. 541, this court held:
Another ground of the motion for a new trial is that the lower court erred in denying defendant's motion for a directed verdict at the close of the State's case. The motion is authorized by section 4363, C.G.L., section 2696, R.G.S., as amended. This statute was construed in the case of Gravette v. Turner, 77 Fla. 311, text pages 314-316, 81 So. 476, 477, when the following language was used:
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Hlad v. State
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...and probative force of conflicting testimony should not be determined on a motion for judgment of acquittal. Holland v. State, 129 Fla. 363, 176 So. 169 (1937); Adams v. State, 138 Fla. 206, 189 So. 392 (1939); Sheehan v. Allred, 146 So.2d 760 (Fla.App.1st, Budgen v. Brady, 103 So.2d 672 (F......
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