Platt v. State

Decision Date05 March 1913
Citation61 So. 502,65 Fla. 253
CourtFlorida Supreme Court
PartiesPLATT 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

SYLLABUS

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.

COUNSEL

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.

OPINION

WHITFIELD, J.

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.

SHACKLEFORD, C.J., and TAYLOR, COCKRELL, and HOCKER, JJ., concur.

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24 cases
  • Lowe v. State
    • United States
    • Florida Supreme Court
    • July 25, 1944
    ... ... See Stephens v. State, ... 140 Fla. 163, 191 So. 294; Reed v. State, 137 Fla ... 768, 189 So. 21; Skiff v. State, 107 Fla. 90, 144 ... So. 323; Nims v. State, 70 Fla. 530, 70 So. 565; ... Fuller v. State, 92 Fla. 873, 110 So. 528; Ming ... v. State, 89 Fla. 280, 103 So. 618; Platt v ... State, 65 Fla. 253, 61 So. 502; Townsend v ... State, 95 Fla. 139, 116 So. 7; Coker v. State, ... 83 Fla. 672, 93 So. 176; Knowles v. State, 86 Fla ... 270, 97 So. 716; Davis v. State, 76 Fla. 179, 79 So ... The judgment ... appealed from is reversed and a new trial awarded ... ...
  • Cordell v. State
    • United States
    • Florida Supreme Court
    • January 8, 1946
    ... ... State, 140 Fla. 163, ... 191 So. 294; Reed v. State, 137 Fla. 768, 189 So ... 21; Skiff v. State, 107 Fla. 90, 144 So. 323; ... Nims v. State, 70 Fla. 530, 70 So. 565; Fuller ... v. State, 92 Fla. 873, 110 So. 528; Ming v ... State, 89 Fla. 280, 103 So. 618; Platt v ... State, 65 Fla. 253, 61 So. 502; Townsend v ... State, 95 Fla. 139, 116 So. 7; Coker v. State, ... 83 Fla. 672, 93 So. 176; Knowles v. State, 86 Fla ... 270, 97 So. 716; Davis v. State, 76 Fla. 179, 79 So ... The order ... and judgment of affirmance previously entered is ... ...
  • Sundell v. State
    • United States
    • Florida District Court of Appeals
    • January 17, 1978
    ...first time on appeal in this non-capital case. The defendant's reliance on Tibbs v. State, 337 So.2d 788 (Fla.1976), and Platt v. State, 65 Fla. 253, 61 So. 502 (1913) is misplaced. In both cases, the defendant was convicted of a capital crime and sentenced to death. As such, appropriate mo......
  • Johnson v. State
    • United States
    • Florida Supreme Court
    • December 28, 1929
    ... ... by substantial evidence of the existence of such material ... fact, a reversal should be awarded. See Nims v ... State, 70 Fla. 530, 70 So. 565; Fuller v ... State, 92 Fla. 873, 110 So. 528; Ming v. State, ... 89 Fla. 280, 103 So. 618; Platt v. State, 65 Fla ... 253, 61 So. 502; Townsend v. State, 95 Fla. 139, 116 ... So. 7; Coker v. State, 83 Fla. 672, 93 So. 176; ... Knowles v. State, 86 Fla. 270, 97 So. 716; Davis ... v. State, 76 Fla. 179, 79 So. 450; Troop v. State ... (Fla.) 123 So. [98 Fla. 1103] 811; Davis v ... State, ... ...
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