Johnson v. State, No. 30926
| Court | United States State Supreme Court of Florida |
| Writing for the Court | THORNAL; THOMAS; DREW; DREW |
| Citation | 130 So.2d 599 |
| Docket Number | No. 30926 |
| Decision Date | 31 May 1961 |
| Parties | Samuel JOHNSON, Appellant, v. STATE of Florida, Appellee. |
Page 599
v.
STATE of Florida, Appellee.
Francisco A. Rodriguez, Tampa, for appellant.
Richard W. Ervin, Atty. Gen., and George R. Georgieff, Asst. Atty. Gen., for appellee.
Page 600
THORNAL, Justice.
Appellant Samuel Johnson seeks reversal of a judgment of guilt and a sentence to death entered pursuant to a jury verdict finding him guilty of murder in the first degree without a mercy recommendation.
The sole point assigned for reversal is the allowance of evidence and discussion by the prosecutor regarding appellant's escape from a State prison camp.
In 1958 Johnson escaped from confinement in a State road camp near Cocoa, Florida. He had been convicted and confined for an offense of breaking and entering with intent to commit a misdemeanor. About a year later, while still at large, Johnson burglarized a bar in Palatka. He stole some whisky, money and a .38 caliber pistol. The evening after the burglary appellant was detected by a police officer while patrolling the city in a police car. The officer summonsed help. In the ensuing chase to apprehend Johnson, police officer Faulk was shot by the appellant. The wounds were fatal. Sometime later Johnson was apprehended in a small community a short distance from Palatka. He confessed the crime and was subsequently indicted for the murder. His trial resulted in a jury verdict of guilty of first degree murder. Mercy was not recommended. The mandatory death sentence followed. We are now asked to reverse the judgment of guilt and the ensuing sentence.
The appellant contends that error was committed when the trial judge permitted evidence, including a confession which revealed the earlier conviction of the accused and his escape from the State prison camp in 1958. The State contends that the questioned evidence was relevant to the issues, particularly with reference to the motive for the shooting.
Although the appellant did not object to the questioned evidence when it was offered, he did file a motion for a mistrial because of the allowance of the evidence. He also moved for a new trial on this ground. We allow him the benefit of an objection, which technically was not presented in the orderly course of the trial.
A State prison official testified that Johnson had been incarcerated in a State Road Department camp pursuant to conviction for the crime of breaking and entering with intent to commit a...
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Green v. State, No. 6828
...or 'similar fact' evidence has been held admissible, such as in Mackiewicz v. State, Fla.1959, 114 So.2d 684; Johnson v. State, Fla.1961, 130 So.2d 599; Reddish v. State, Fla.1964, 167 So.2d 858; San Fratello v. State, Fla.App.1963, 154 So.2d 327; Bell v. State, Fla.App.1965, 178 So.2d 131;......
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State v. Hampton
...attempted murder to show that the defendant had a motive to react with deadly force when followed by F.B.I. agents); Johnson v. State, 130 So.2d 599 (Fla.1961) (evidence that defendant had escaped from prison camp held properly admitted to establish motive in killing police officer about a ......
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Heiney v. State, No. 56778
...of prior criminality has been held relevant to the question of motive for the murder of a police officer. See, e.g., Johnson v. State, 130 So.2d 599 (Fla.1961); Mackiewicz v. State, 114 So.2d 684 (Fla.1959), cert. denied, 362 U.S. 965, 80 S.Ct. 883, 4 L.Ed.2d 879 (1960); McVeigh v. State, 7......
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State v. Dade County by Bd. of County Com'rs, Dade County Port Authority, No. 36867
...443, 447, 76 L.Ed. 815. 16 Seaboard Air Line Railroad Company v. Williams, Fla.1967, 199 So.2d 469, 471; Johnson v. State, Fla.1961, 130 So.2d 599, '* * * now that the Court has decided otherwise judicial self-discipline requires me to follow the political dogma now constitutionally embedde......
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Green v. State, No. 6828
...or 'similar fact' evidence has been held admissible, such as in Mackiewicz v. State, Fla.1959, 114 So.2d 684; Johnson v. State, Fla.1961, 130 So.2d 599; Reddish v. State, Fla.1964, 167 So.2d 858; San Fratello v. State, Fla.App.1963, 154 So.2d 327; Bell v. State, Fla.App.1965, 178 So.2d 131;......
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State v. Hampton
...attempted murder to show that the defendant had a motive to react with deadly force when followed by F.B.I. agents); Johnson v. State, 130 So.2d 599 (Fla.1961) (evidence that defendant had escaped from prison camp held properly admitted to establish motive in killing police officer about a ......
-
Heiney v. State, No. 56778
...of prior criminality has been held relevant to the question of motive for the murder of a police officer. See, e.g., Johnson v. State, 130 So.2d 599 (Fla.1961); Mackiewicz v. State, 114 So.2d 684 (Fla.1959), cert. denied, 362 U.S. 965, 80 S.Ct. 883, 4 L.Ed.2d 879 (1960); McVeigh v. State, 7......
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State v. Dade County by Bd. of County Com'rs, Dade County Port Authority, No. 36867
...443, 447, 76 L.Ed. 815. 16 Seaboard Air Line Railroad Company v. Williams, Fla.1967, 199 So.2d 469, 471; Johnson v. State, Fla.1961, 130 So.2d 599, '* * * now that the Court has decided otherwise judicial self-discipline requires me to follow the political dogma now constitutionally embedde......