Johnson v. State

Decision Date28 December 1929
Citation125 So. 355,98 Fla. 1101
PartiesJOHNSON v. STATE.
CourtFlorida Supreme Court

Error to Criminal Court of Record, Hillsborough County; W. Raleigh Petteway, Judge.

Naomi Kuhn Johnson, formerly Naomi Kuhn, was convicted of robbery and she brings error.

Reversed.

Syllabus by the Court

SYLLABUS

Reviewing court will not determine weight and credibility of conflicting testimony, involving consideration of character of witnesses; reversal should be awarded, where evidence tending to establish material fact is so deficient as to indicate jury was not governed by evidence. Where the evidence relied upon in a criminal case to establish some essential element of the offense was not satisfactory, a reversal should be ordered. This does not mean that the court will assume to determine the weight and credibility of conflicting testimony, when the facts sought to be established by the evidence are complicated or contradictory requiring a consideration of the character, integrity, or probity of witnesses, whose testimony it is the province of the jury to compare and weigh, but it means that, where there is such a lack of evidence tending to establish a material fact as to indicate that the jury has not been governed in its findings by substantial evidence of the existence of such material fact, a reversal should be awarded.

COUNSEL

Zewadski & Pierce, of Tampa, for plaintiff in error.

Fred H. Davis, Attt. Gen., and Ray Campbell, Asst. Atty. Gen., for thE state.

OPINION

BUFORD J.

The evidence entirely fails to establish the fact that the accused in any manner participated in the alleged robbery out of which resulted this prosecution. There is no evidence that the plaintiff in error here either conspired with others to commit the robbery, if robbery was committed, that she took any part in the robbery, or in any manner aided those who did participate in the robbery. The person who is alleged to have been robbed, who was the only witness to testify in behalf of the state in regard to the actual robbery, testified that this plaintiff in error took no part in it.

This court has repeatedly held in criminal cases that, where the evidence relied upon to establish some essential element of the offense was not satisfactory, a reversal should be ordered. This does not mean that the court will assume to determine the weight and credibility of conflicting testimony, when the facts sought to be established by the evidence are complicated or contradictory, requiring a consideration of the character, integrity, or probity of witnesses whose testimony it is the province of the jury to compare and weigh, but it means that, where there is such a lack of evidence tending to establish a material fact as to indicate that the jury has not been governed in its findings by substantial...

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2 cases
  • Rodriguez v. State
    • United States
    • Florida Supreme Court
    • January 3, 1930
  • Morris v. State
    • United States
    • Florida Supreme Court
    • October 16, 1930
    ...sustaining the verdict and judgment. In the case of Naomi Kuhn Johnson, formerly Naomi Kuhn, v. State, filed December 28, 1929, reported 125 So. 355, this say: 'This court has repeatedly held in criminal cases that, where the evidence relied upon to establish some essential element of the o......

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