Kimble v. State, J--331
| Decision Date | 26 March 1968 |
| Docket Number | No. J--331,J--331 |
| Citation | 208 So.2d 471 |
| Parties | Robert Lee KIMBLE, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard W. Ervin, III, Public Defender, for appellant.
Earl Faircloth, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., for appellee.
The appellant, Kimble, seeks review of his conviction, after jury trial, for the offense of assaulting a police officer with intent to do violence. As a defense in the trial court Kimble attempted to establish that the police officer did not inform him that he was being arrested and that excessive force was used by the police officer in making the arrest before he, Kimble, resisted the arrest by violence. We note from the transcript of testimony that there was conflict in the testimony of the witnesses in this regard which was up to the jury to weigh and resolve.
The sole point argued as error on this appeal deals with the sufficiency of the evidence to sustain the verdict. The record on appeal reflects that the trial judge was not given the opportunity to rule on this alleged error by a motion for new trial. Therefore, we are precluded on this appeal from considering error based on the insufficiency of the evidence. Gilbert v. State, 148 Fla. 293, 4 So.2d 330 (1941); Smith v. State, 194 So.2d 310 (Fla.App.1st, 1967). Hence, the conviction and judgment appealed is affirmed.
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Wright v. State
...evidence in any respect is not open for review by us because no motion for new trial was filed or ruled upon. The cases of Kimble v. State, Fla.App.1968, 208 So.2d 471; Smith v. State, Fla.App.1967, 194 So.2d 310; and Jones v. State, Fla.App.1968, 212 So.2d 804 are cited in support. These c......
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York v. State
...of insufficiency of evidence. State v. Wright, 224 So.2d 300, Supreme Court of Florida opinion filed June 18, 1969; Kimble v. State, Fla.App.1968, 208 So.2d 471; Jones v. State, Fla.App.1968, 212 So.2d 804; Gilbert v. State, 1941, 148 Fla. 293, 4 So.2d Next, defendant is aggrieved by a clau......
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State v. Wright
...conflict are: Gilbert v. State, 148 Fla. 293, 4 So.2d 330 (1941); Jones v. State, 212 So.2d 804 (1st DCA 1968); Kimble v. State, 208 So.2d 471 (1st DCA 1968); and Smith v. State, 194 So.2d 310 (1st DCA 1967). Each of these cases holds that the sufficiency of the evidence cannot be asserted ......
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Wilson v. State, J--408
...in the trial court. See Gilbert v. State, 148 Fla. 293, 4 So.2d 330 (Fla.); Smith v. State, 194 So.2d 310 (Fla.App.); and Kimble v. State, 208 So.2d 471 (Fla.App.). The State has attached a certificate of the clerk of the trial court to its brief for the purpose of establishing that no moti......