Seay v. State

CourtUnited States State Supreme Court of Florida
Writing for the CourtCHAPMAN, Justice.
Citation139 Fla. 433,190 So. 702
PartiesSEAY v. STATE.
Decision Date25 July 1939

190 So. 702

139 Fla. 433

SEAY
v.
STATE.

Florida Supreme Court, Division B.

July 25, 1939


Error to Circuit Court, Union County; A. Z. Atkins, Judge.

Pearl Seay was convicted for the crime of larceny of a hog, and he brings error.

Affirmed.

COUNSEL [190 So. 703]

[139 Fla. 434] H. O. Brown, of Lake Butler, for plaintiff in error.

George Couper Gibbs, Atty. Gen., and Thomas J. Ellis, Asst. Atty. Gen., for the State.

OPINION

CHAPMAN, Justice.

The plaintiff in error, Pearl Seay, was informed against, placed upon trial, and convicted by a jury in the Circuit Court of Union County, Florida, for the crime of larceny of a hog, property of one C. D. Newburn, and was by the trial court sentenced to serve for a period of two years at hard labor in the State Prison. From this judgment of conviction an appeal has been perfected to this court and a number of errors assigned for a reversal.

It is contended by counsel for plaintiff in error that the evidence adduced by the State was legally insufficient to sustain a conviction. The evidence shows that Mr. Newburn owned a hog that ranged around the place occupied by Theodore James near Worthington Springs, and that plaintiff in error went to the home of Theodore James and the hog was killed at James' home by plaintiff in error and James; that after the hog was butchered it was divided between James and plaintiff in error, and fresh hog meat was found at the home of James shortly after the hog owned by Newburn disappeared.

Plaintiff in error contends that he did not participate in butchering the hog or in the division of the meat between him and the witness James, but that on the date the hog was alleged to have been stolen and butchered he was not at the James home, but was engaged in painting and loading [139 Fla. 435] cross ties some distance away, and adduced testimony to corroborate his defense. It is true that there is a conflict or dispute in the testimony offered on the part of the prosecution and the defense, but under our system such conflicts and disputes are questions of fact to be settled by the jury under appropriate instructions on the part of the trial court. The rule controlling an appellate court in considering the sufficiency of the evidence to support a verdict is not what it may think a jury ought to have done, or what such court may think it would have done had it been sitting as a jury in the case, but the rule is whether as reasonable men the jury could...

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9 practice notes
  • Davis v. State, No. 89-2118
    • United States
    • Court of Appeal of Florida (US)
    • November 8, 1990
    ...support a jury verdict is whether the jury, as reasonable men, could have found Page 1320 such a verdict from the evidence. Seay v. State, 139 Fla. 433, 190 So. 702 (1939). The Second District Court of Appeal in Bradford v. State, 460 So.2d 926 (Fla. 2nd DCA 1982), said that the reviewing c......
  • Florida Power Corp. v. Smith, Nos. 7199
    • United States
    • Court of Appeal of Florida (US)
    • September 27, 1967
    ...as a juror was, peculiarly enough made by counsel for Florida Power and not by any of counsel for plaintiffs. In Seay v. State, 1939, 139 Fla. 433, 190 So. 702, the Supreme Court held 'After the rendition of an adverse verdict, it is too late to be heard on the question of a legal disqualif......
  • Ellison v. Cribb, No. Q--331
    • United States
    • Court of Appeal of Florida (US)
    • October 17, 1972
    ...So.2d 652; Booth v. Mary Carter Paint Company (Fla.App.1966) 182 So.2d 292; Bessett v. Hackett (Fla.1953) 66 So.2d 694. 4 Seay v. State, 139 Fla. 433, 190 So. 5 Drury v. Franke, 247 Ky. 758, 57 S.W.2d 969 (1933). 6 Consolidated Gas & Equipment Co. of America v. Carver (10th Cir. 1958) 257 F......
  • Nicholson v. State Of Fla., No. 1D09-1262.
    • United States
    • Court of Appeal of Florida (US)
    • April 27, 2010
    ...questions for the jury to resolve, the trial court did not err in allowing Counts Three and Four to go to the jury. See Seay v. State, 139 Fla. 433, 190 So. 702, 703 (1939); Jean v. State, 638 So.2d 995, 997 (Fla. 4th DCA 1994). Because appellant did not preserve the issue of the trial cour......
  • Request a trial to view additional results
9 cases
  • Davis v. State, No. 89-2118
    • United States
    • Court of Appeal of Florida (US)
    • November 8, 1990
    ...support a jury verdict is whether the jury, as reasonable men, could have found Page 1320 such a verdict from the evidence. Seay v. State, 139 Fla. 433, 190 So. 702 (1939). The Second District Court of Appeal in Bradford v. State, 460 So.2d 926 (Fla. 2nd DCA 1982), said that the reviewing c......
  • Florida Power Corp. v. Smith, Nos. 7199
    • United States
    • Court of Appeal of Florida (US)
    • September 27, 1967
    ...as a juror was, peculiarly enough made by counsel for Florida Power and not by any of counsel for plaintiffs. In Seay v. State, 1939, 139 Fla. 433, 190 So. 702, the Supreme Court held 'After the rendition of an adverse verdict, it is too late to be heard on the question of a legal disqualif......
  • Ellison v. Cribb, No. Q--331
    • United States
    • Court of Appeal of Florida (US)
    • October 17, 1972
    ...So.2d 652; Booth v. Mary Carter Paint Company (Fla.App.1966) 182 So.2d 292; Bessett v. Hackett (Fla.1953) 66 So.2d 694. 4 Seay v. State, 139 Fla. 433, 190 So. 5 Drury v. Franke, 247 Ky. 758, 57 S.W.2d 969 (1933). 6 Consolidated Gas & Equipment Co. of America v. Carver (10th Cir. 1958) 2......
  • Nicholson v. State Of Fla., No. 1D09-1262.
    • United States
    • Court of Appeal of Florida (US)
    • April 27, 2010
    ...questions for the jury to resolve, the trial court did not err in allowing Counts Three and Four to go to the jury. See Seay v. State, 139 Fla. 433, 190 So. 702, 703 (1939); Jean v. State, 638 So.2d 995, 997 (Fla. 4th DCA 1994). Because appellant did not preserve the issue of the trial cour......
  • Request a trial to view additional results

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