McClain v. State
| Decision Date | 20 April 1966 |
| Docket Number | No. 6340,6340 |
| Citation | 185 So.2d 707 |
| Parties | Jimmie McCLAIN, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Robert E. Jagger, Public Defender, and Robert E. Pyle, Asst. Public Defender, Clearwater, for appellant.
Earl Faircloth, Atty. Gen., Tallahassee, and Robert G. Stokes, Asst. Atty. Gen., Lakeland, for appellee.
This is an appeal by a defendant from a judgment of guilty of breaking and entering a building other than a dwelling house with intent to commit a misdemeanor, entered upon a jury verdict. Two points are raised on appeal.
Appellant first contends that certain exhibits, being property allegedly stolen from the building entered, should not have been admitted into evidence. Upon an examination of the transcript, we conclude that the evidence was relevant, material and sufficiently identified. See Tavalaccio v. State, Fla.1952, 59 So.2d 247; Kearson v. State, 1936, 123 Fla. 324, 166 S. 832.
Appellant's second point is that the trial judge erred in giving the following instruction:
It is contended that this charge violates both the Fifth Amendment to the United States Constitution, and Section 12, Declaration of Rights of the Florida Constitution, F.S.A., which provide in part that:
'No person shall be * * * compelled in any criminal case to be a witness against himself * * *.'
This proscription prohibits a person in a Criminal case from being compelled to be a Witness...
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Palmer v. State
...Romanello v. State, 160 So.2d 529 (Fla.App.1st, 1964), cert. den. 381 U.S. 915, 85 S.Ct. 1541, 14 L.Ed.2d 436; McClain v. State, 185 So.2d 707 (Fla.App.2d, 1966), cert. den. 192 So.2d 498 (Fla.1966); State v. Young, supra. Although the formulation of the inference remains much as stated in ......
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Young v. Wainwright
...opinion in State v. Young, supra, that the charge given in Young's trial was taken directly from the Florida case of McClain v. State, 185 So.2d 707 (Fla. App.1966). There the Second District Court of Appeal of Florida wrote "It the Fifth Amendment does not go so far as to prohibit a jury f......
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State v. Young
...in Young v. State, Fla.App.1967, 203 So.2d 650. The decision is in direct conflict on the same point of law with McClain v. State, Fla.App.1966, 185 So.2d 707, and a long line of decisions of this court upon which the decision in McClain was based. Hence we have jurisdiction under Section 4......
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Young v. State, 942
...the defendant at a time prior to trial had offered no explanation. See: Miley v. State, Fla.App.1966, 186 So.2d 299; McClain v. State, Fla.App.1966, 185 So.2d 707; Romanello v. State, Fla.App.1964, 160 So.2d 529, (cert. denied 381 U.S. 915, 85 S.Ct. 1541, 14 L.Ed.2d 436); Cameron v. State, ......