State v. Norris, 33316
| Decision Date | 30 October 1964 |
| Docket Number | No. 33316,33316 |
| Citation | 168 So.2d 541 |
| Parties | STATE of Florida, Petitioner, v. Effie L. NORRIS, Respondent. |
| Court | Florida Supreme Court |
James W. Kynes, Atty. Gen., and James G. Mahorner, Asst. Atty. Gen., for petitioner.
Walter G. Arnold, Jacksonville, for respondent.
By petition for a writ of certiorari we are requested to review a decision of the Court of Appeal, First District, because of an alleged conflict with a prior decision of this Court. See Norris v. State, 158 So.2d 803.
We must decide whether certain similar fact evidence was admissible to prove the guilt of an accused in the absence of proof connecting the accused with the collateral situations.
The relevant facts are detailed in the opinion under review. Norris v. State, supra. Mrs. Effie L. Norris was convicted of first degree murder with a mercy recommendation. The crime alleged was the poisoning of one Merrill by administering arsenic oxide. The trial judge permitted testimony regarding the arsenic content found in the exhumed bodies of Earl Norris, late husband of the accused, and Vinton Pace, a business and social associate of Mrs. Norris. Mr. Norris died January 13, 1952. Mr. Pace died March 23, 1953. The current trial for the murder of Merrill was held October 15, 1962. Allegedly the homicide was committed on June 3, 1960. The defendant objected to the admissibility of the evidence on the ground that there was no showing that she had anything whatever to do with feeding arsenic to Mr. Norris or to Mr. Pace. The point made was that the relevancy of similar fact evidence to prove a fact in issue depends upon proof which connects the defendant with the collateral occurrences. The District Court reversed the conviction, holding that it was error to admit the subject evidence. The State seeks review by certiorari claiming a direct conflict with our decision in Williams v. State, Fla., 110 So.2d 654.
Because of an apparent conflict between Williams and the instant decision, we granted the writ. Our study of the District Court decision following oral argument, suggests that the conflict was more apparent than real.
In Williams v. State, supra, we undertook to examine in depth the rules governing the admissibility of similar fact evidence as proof of a fact in issue in a criminal case. We there held that similar fact evidence is admissible if relevant, except to prove bad character or criminal propensities. Such evidence is not objectionable merely because it points to the commission of another crime. The objective to be accomplished by allowing such evidence is not proof of a collateral crime outside of the indictment. Its purpose is to prove a fact in issue in the case before the Court. Its relevancy will not be destroyed merely because it would also be relevant to the proof of a separate crime. It would be unduly burdensome to review our Williams opinion in detail. It is sufficient here to reaffirm the rule of admissibility of similar fact evidence which we there announced.
The State's concern is that by its strong reliance on Wrather v. State, 179 Tenn. 666, 169 S.W.2d 854, the District Court has deviated from the Williams rule of admissibility and has re-established a rule exclusion. We understand from the Wrather decision that Tennessee continues to follow the rule that similar fact evidence is inadmissible if it points to a collateral crime, unless it can be allowed under some recognized exception. It is correct that this statement of the rule was laid aside by us in Williams, when we held that such evidence is admissible if relevant. However, we do not construe the District Court opinion as adopting the questionable aspect of the Tennessee decision. Our analysis of the opinion under review leads us to conclude that the District Court used Wrather to demonstrate the related proposition that 'Evidence of a collateral crime is inadmissible unless accompanied...
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Robertson v. State
...the trial court must be persuaded by clear and convincing evidence that such crimes were, in fact, committed. See State v. Norris, 168 So.2d 541, 543 (Fla.1964); Audano v. State, 641 So.2d 1356, 1358-59 (Fla. 2d DCA 1994); Chapman v. State, 417 So.2d 1028, 1031 (Fla. 3d DCA 1982). In order ......
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Robertson v. State
...unless the trial court is persuaded by clear and convincing evidence that such crimes were, in fact, committed. See State v. Norris, 168 So.2d 541, 543 (Fla.1964); Audano v. State, 641 So.2d 1356, 1358-59 (Fla. 2d DCA 1994); Chapman v. State, 417 So.2d 1028, 1031 (Fla. 3d DCA 1982). This re......
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Green v. State, 6828
...crime of 'similar fact' evidence has been held inadmissible, such as in Norris v. State, Fla.App.1963, 158 So.2d 803; State v. Norris, Fla.1964, 168 So.2d 541; Williams v. State, Fla.1962, 143 So.2d 484; Jordan v. State, Fla.App.1965, 171 So.2d 418; Hooper v. State, supra; cf. Swain v. Stat......
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Durousseau v. State
...than proof that Durousseau had the opportunity to commit the murder or mere suspicion that he committed the murder. See State v. Norris, 168 So.2d 541, 543 (Fla.1964) (“[M]ere suspicion is insufficient. The proof should be clear and convincing.”). Accordingly, the admission of this collater......