Knight v. State, 78-1287
Decision Date | 07 July 1981 |
Docket Number | No. 78-1287,78-1287 |
Citation | 402 So.2d 435 |
Parties | James Eric KNIGHT, Appellant, v. The STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender and Douglas D. Stratton, Sp. Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen. and Steven R. Jacob, Asst. Atty. Gen., for appellee.
Before HUBBART, C. J., and HENDRY and DANIEL S. PEARSON, JJ.
Sufficient evidence of corpus delicti is not only a predicate to the admission of a confession, see State v. Allen, 335 So.2d 823 (Fla.1976); Ruiz v. State, 388 So.2d 610 (Fla. 3d DCA 1980); Ussery v. State, 382 So.2d 380 (Fla. 3d DCA 1980); McQueen v. State, 304 So.2d 501 (Fla. 4th DCA 1974), but is, as well, a sine qua non of conviction. Tucker v. State, 64 Fla. 518, 59 So. 941 (1912). Accord, Smith v. United States, 348 U.S. 147, 75 S.Ct. 194, 99 L.Ed. 192 (1954); State v. Allen, supra; Lambright v. State, 34 Fla. 564, 16 So. 582 (1894); Ruiz v. State, supra. Thus, Knight's failure to object to the introduction of his confession on the ground that the corpus delicti was not established is not fatal to his present claim that he was entitled to judgment of acquittal on the robbery count if, as he contends, conviction were rendered on the confession alone. The distinct rule of sufficiency upon which Knight relies is founded on
1 Smith v. United States, 348 U.S. at 153, 75 S.Ct. at 197.
But while Knight did not waive his right to assail his conviction, his attack is unavailing, since there was sufficient evidence to establish, independent of the confession, that the specific crime of robbery charged in the information had been committed. 2
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