Platt v. State
Decision Date | 05 March 1913 |
Citation | 61 So. 502,65 Fla. 253 |
Court | Florida Supreme Court |
Parties | PLATT et al. v. STATE. |
Error to Circuit Court, Clay County; R. M. Call, Judge.
James Platt and Elijah Bellamy were convicted of murder, and bring error. Reversed.
Syllabus by the Court
In a conviction for capital punishment, where the evidence as to the identity of the accused is not satisfactory, a new trial should be granted.
A. H. Bell, of Green Cove Springs, and Bobt. W. Davis, of Tampa, for plaintiffs in error.
T. F. West, Atty. Gen., and C. O. Andrews, of Tallahassee, for the State.
The plaintiffs in error were convicted of murder in the first degree, and on writ of error the only contention is the insufficiency of the evidence. There were no eyewitnesses to the homicide, and the identity of the accused is the essential issue. After a most careful consideration of the evidence the court is of opinion that, while there is some evidence to identify the defendants as being the guilty parties, the testimony, taken as a whole, is far from being satisfactory or convincing; and as human life is involved, it is considered just and right that another jury should pass upon the issues made. The judgment, therefore, is reversed, and a new trial granted.
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