Hoover v. State, 67--862
Decision Date | 18 June 1968 |
Docket Number | No. 67--862,67--862 |
Citation | 212 So.2d 95 |
Parties | John Hamilton HOOVER, Appellant, v. The STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Harry W. Prebish, Richard M. Gale, Miami, for appellant.
Earl Faircloth, Atty. Gen., and Jesse J. McCrary, Jr., Asst. Atty. Gen., for appellee.
Before CHARLES CARROLL, C.J., and BARKDULL and SWANN, JJ.
After a non-jury trial, the appellant was found guilty of entering without breaking into a building with the intent to commit a felony therein, to-wit, aggravated assault. He appeals and contends that the evidence was insufficient to sustain the trial court's finding of guilt. The evidence is conflicting but it is a fundamental principle that an appellate court does not sit as the trier of fact. Williams v. Smelt, Fla.1955, 83 So.2d 1. Where there are conflicts in the evidence in a non-jury trial, it is within the province of the trial judge to reject any testimony he finds to be untrue and to accept and rely upon that which he finds to be worthy of belief. Eizenman v. State, Fla.App.1961, 132 So.2d 763.
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Leeman v. State, 50372
...court correctly denied defendant's motion for a judgment of acquittal. See Lynch v. State, 293 So.2d 44 (Fla.1974); Hoover v. State, 212 So.2d 95 (Fla. 3d DCA 1968). There was sufficient evidence to support a finding of guilt. The defendant never denied that he was in possession of a "Blue ......
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Zamot v. State, 78-2141
...the evidence was more than sufficient to sustain the instant conviction. State v. Jefferson, 347 So.2d 427 (Fla.1977); Hoover v. State, 212 So.2d 95 (Fla. 3d DCA 1968); Crum v. State, 172 So.2d 24 (Fla. 3d DCA 1965). We have some difficulty, however, in resolving the defendant's last conten......
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Hamilton v. State
...adduced before him (State v. Sears, 1941, 148 Fla. 89, 3 So.2d 721; Cash v. State, Fla.App.1968, 207 So.2d 18; and Hoover v. State, Fla.App.1968, 212 So.2d 95). ...
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Starling v. State, 71--1149
...because it is within the trial court's province as the trier of fact to resolve conflicts in the evidence presented. Hoover v. State, Fla.App.1968, 212 So.2d 95; Eizenman v. State, Fla.App.1961, 132 So.2d 763. At this stage of the proceedings, all conflicts and reasonable inferences therefr......