McClamrock v. State, 74--1425
| Decision Date | 09 December 1975 |
| Docket Number | No. 74--1425,74--1425 |
| Citation | 327 So.2d 780 |
| Parties | Audrey Faye McCLAMROCK, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Louis Stoskopf, Miami, for appellant.
Robert L. Shevin, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee.
Before BARKDULL, C.J., and HAVERFIELD and NATHAN, JJ.
Appellant, Audrey McClamrock, was indicted for the first degree murder of her former husband, Gordon Stevens. A jury found her guilty of second degree murder, and she was sentenced to life imprisonment. She seeks reversal of her conviction and sentence on the grounds that the guilty verdict is not supported by the evidence, and the trial court erred in not granting her motion for acquittal. The facts giving rise to the indictment are as follows:
On July 14, 1973, the date of the killing, appellant received a phone call from her ex-husband, the deceased, who informed her that he was not going to allow her to exercise her visitation rights and see their minor daughter Chenina on the following day. She then woke up her present husband, Edward McClamrock, and informed him of the conversation she had with Gordon. After Edward unsuccessfully attempted to talk to Gordon on the telephone, he and the appellant got into their car and drove to Gordon's residence. Upon arriving, Edward told the appellant to go get Gordon. Appellant went to the door and requested Gordon to come outside because Edward wished to talk with him. As Gordon came outside, Edward got out of the car and shot and killed him. Then, Edward and the appellant got into their car and drove away.
The theory upon which the prosecution grounded its case against the appellant was that she was an aider and abettor under § 776.011, Fla.Stat., F.S.A.
The established rule is that before an accused may be convicted as an aider and abettor, the intent to participate in the crime must be proved. Douglas v. State, Fla.App.1968, 214 So.2d 653.
Appellant argues that there was insufficient evidence to prove her intent inasmuch as she testified that on the day of the killing she did not know her husband had a gun or that he intended to kill her ex-husband. However, a review of the record on appeal reflects that there was competent substantial evidence to the contrary with respect to this issue of intent. One of the arresting officers testified that after reading the Miranda warnings to the appellant, she...
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Wright v. State
...drove the victim to train station while Kirsch hid in the back of the car and watched while Kirsch killed the victim); McClamrock v. State, 327 So.2d 780 (Fla.3d DCA 1976) (upholding second degree murder conviction of defendant who, knowing that McClamrock, her husband, intended to kill her......
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Shockey v. State
...aided and abetted in the commission of the crime. See Fla.Stat. § 776.011; State v. Dent, Fla.1975, 322 So.2d 543; and McClamrock v. State, Fla.App.1975, 327 So.2d 780. Before an accused may be convicted as an aider and abettor of a crime, his intent to participate in the crime must be prov......
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De Pena v. State, 93-2026
...790 (Fla. 1st DCA 1987); Shockey v. State, 338 So.2d 33 (Fla. 3d DCA 1976), cert. denied, 345 So.2d 427 (Fla.1977); McClamrock v. State, 327 So.2d 780 (Fla. 3d DCA 1975). ...
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Cable v. State, 82-607
...there must be proof of his intent to participate in the crime. Shockey v. State, 338 So.2d 33 (Fla. 3d DCA 1976); McClamrock v. State, 327 So.2d 780 (Fla. 3d DCA 1975). The state must also show that the accused has done or said something which causes, encourages, assists, or induces the oth......