Smith v. State

• Decision Date: 23 March 1940
• Citation: 142 Fla. 470,194 So. 874
• Parties: SMITH et al. v. STATE.
• Court: Florida Supreme Court

194 So. 874

142 Fla. 470

SMITH et al. v. STATE.

Florida Supreme Court, Division A.

March 23, 1940

Rehearing Denied April 12, 1940.

Error to Circuit Court, Alachua County; H. L. Sebring, Judge.

Eddie Smith and Woody Smith were convicted of the larceny of hogs, and they bring error.

Affirmed.

COUNSEL Douglas & Schad and Zach H. Douglas, all of Gainesville, and Ira J. Carter, Jr., of Newberry, for plaintiffs in error.

George Couper Gibbs, Atty. Gen., and Thomas J. Ellis and William Fisher, Jr., Asst. Attys. Gen., for defendant in error.

OPINION

PER CURIAM.

On writ of error, we review judgment of conviction of the offense of larceny of hogs.

The only question presented is a challenge to the sufficiency of the evidence. The evidence has been examined and carefully considered. It is conflicting and the jury resolved the conflicts against the accused.

No reversible error is shown. See Hamlin v. State, 80 Fla. 217, 85 So. 685; Strobhar v. State, 55 Fla. 167, 47 So. 4; Danley v. State, 135 Fla. 28, 184 So. 525.

The judgment is affirmed.

So ordered.

Affirmed.

TERRELL, BUFORD, and THOMAS, JJ., concur.

WHITFIELD, J., concurs in opinion and judgment.

BROWN and CHAPMAN, JJ., not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 27-A of the Rules of this Court.