Padgett v. State

Decision Date26 September 1935
Citation163 So. 291,121 Fla. 42
PartiesPADGETT v. STATE.
CourtFlorida Supreme Court

Rehearing Denied Oct. 5, 1935.

En Banc.

Error to Circuit Court, Santa Rosa County; L. L. Fabisinski, Judge.

L. D Padgett was convicted of murder in the first degree, and he brings error.

Affirmed.

COUNSEL T. Franklin West and J. T. Wiggins, both of Milton, for plaintiff in error.

Cary D Landis, Atty. Gen., and Roy Campbell, Asst. Atty. Gen., for the State.

OPINION

BUFORD Justice.

The writ of error brings for review a judgment of conviction of murder in the first degree without recommendation to mercy.

We have carefully examined basis for the several assignments of error and find no reversible error is made to appear.

It is strenuously contended that the evidence is not sufficient to prove the material element of premeditated design.

The main proof of the guilt of the accused is found in the written and signed confession of the accused, which is as follows:

'I L. D. Padgett, having been told by the State Attorney that I do not have to make any statement unless I want to, and that anything that I might say might be used against me make the following voluntary statement about the killing of my wife, Daisy Lee Padgett; I have not been promised any reward or told that the making of this statement will help me in any way, but make the same freely and voluntarily:
'My wife and I had been having a lot of trouble, she was staying with her mother and keeping our two children there and would not come to live with me. She left me just before Christmas. On Saturday night, June 23d she spent the night at my place but would have nothing to do with me. She would not even let me kiss her. About daylight Sunday morning we started over to a girl's house and then I guess we were going from there to her Mother's. As we left she told me to bring the turpentine cutter along. I think she wanted it to sharpen some knives of her Mother's. I put it in my pocket rolled up in a piece of paper. As we walked along the road we talked about the way she had been acting and one word led to another. I was pretty mad about it all and finally pulled the cutter out of my pocket and stabbed her in the back. I was walking along behind her then and she did not see what I was doing. We had walked about a mile from home. She fell down after I stabbed her in the back, and then I cut her several times on the neck and once or twice in the stomach while she was laying down. She said 'O, don't do that' when I was cutting her. She then told me to meet her in heaven and said she wished she could have seen the children before she went. After that I drug her off the road a piece and she did not talk any more but she kept grunting and making all kinds of noises and pawing with her hands. When I left there she was still grunting.
'I picked up the things that were scattered around on the ground and carried them about a half mile away and threw them in a branch. This included some dresses, shoes, cloth, a hat and first one thing or another, that she had bought in town on the day
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6 cases
  • Folks v. Marion County
    • United States
    • Florida Supreme Court
    • September 26, 1935
    ... ... Florida Supreme Court September 26, 1935 ... En ... Suit by ... the County of Marion against T. F. Folks and the State of ... Florida, wherein T. F. Folks intervened. Decree for ... plaintiff, and defendant and intervener appeal ... Affirmed ... ...
  • Parker v. State
    • United States
    • Florida Supreme Court
    • March 8, 1940
    ... ... See Savage v. State, 18 ... Fla. 909; Lovett v. State, 30 Fla. 142, 11 So. 550, ... 17 L.R.A. 705; Buchanan v. State, 95 Fla. 301, 116 ... So. 275; Hasty v. State, 120 Fla. 269, 162 So. 910; ... Robinson v. State, 69 Fla. 521, 68 So. 649, ... L.R.A.1915E, 1215, Ann.Cas. 1917D, 506; Padgett v ... State, 121 Fla. 42, 163 So. 291 ... In ... considering the probative force and weight of the testimony ... on a motion for a new trial, the guiding principle for an ... appellate court is not what it may think the jury ought to ... have done nor what such court may think it ... ...
  • Crawford v. State
    • United States
    • Florida Supreme Court
    • April 22, 1941
    ...That enunciation has been followed in Phillips v. State, 88 Fla. 117, 101 So. 204; Lowe v. State, 90 Fla. 255, 105 So. 829; Padgett v. State, 121 Fla. 42, 163 So. 291; and Forehand v. State, 126 Fla. 464, 171 So. There appears in the record nothing which indicates that the jury disregarded ......
  • Collins v. State
    • United States
    • Florida Supreme Court
    • November 7, 1944
    ...to say that the evidence when measured by rules enunciated in the cases of Crawford v. State, 146 Fla. 729, 1 So.2d 713; Padgett v. State, 121 Fla. 42, 163 So. 291; Hasty v. State, 120 Fla. 269, 162 So. 910; v. State, 138 Fla. 798, 190 So. 259 and Williams v. State, 148 Fla. 88, 3 So.2d 721......
  • Request a trial to view additional results

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