Walker v. State

• Decision Date: 19 December 1921
• Citation: 90 So. 376,82 Fla. 465
• Parties: WALKER v. STATE.
• Court: Florida Supreme Court

90 So. 376

82 Fla. 465

WALKER v. STATE.

Florida Supreme Court

December 19, 1921

Error to Circuit Court, Manatee County; O. K. Reaves, Judge.

Charles Walker was convicted of burning an insured vacant dwelling house, and he brings error.

Affirmed.

Syllabus by the Court

SYLLABUS

That fire did not occur in manner planned held no defense. Where the testimony shows an elaborate and well-conceived plan to burn a house with intent to injure an insurance company, and the house is actually burned as the result of such plan, it is no defense that the fire did not occur in just the manner in which it was planned.

Conviction sustained where fire occurs as result of plan, although not in exact accordance therewith. When a motive and desire to have property destroyed by fire is shown, and a well-conceived plan to carry out the desire, and an opportunity to carry out the plan, and the house burns as a result of the plan, although not exactly in accordance with it, a conviction will be sustained.

Court may caution jurors as to sinister influences. Where a trial judge is advised that improper influences are being exercised either for or against a defendant, it is proper for him to apprise the jury of such fact, and caution them against such sinister influences, and warn them to remain entirely away from any conversation between or with any individuals in relation to the case on trial.

Instruction as to reasonable doubt held not erroneous. On the authority of the case of Vasquez v. State, 54 Fla. 127, 44 So 739, 127 Am. St. Rep. 129, it is held that the omission of the words 'or lack of evidence' from an instruction that 'doubt which is not suggested by or does not arise from the evidence is no reasonable doubt, and should not be considered,' is not reversible error.

Approved form of instruction as to reasonable doubt given. The instruction that 'a doubt which is not suggested by or does not arise from the evidence is no reasonable doubt, and should not be considered,' approved in the Vasquez Case would state the rule more clearly, and remove all criticism if the words 'or lack of evidence' were included in it.

COUNSEL

John B. Singeltary, of Bradentown, for plaintiff in error.

Rivers H. Buford, Atty. Gen., and J. B. Gaines, Asst. Atty. Gen., for the State.

OPINION

BROWNE C.J.

Charles Walker and Eunice Walker were jointly indicted for burning a certain insured vacant dwelling house belonging to Ida J. Walker, the wife of Charles Walker, with intent to injure the Phoenix Insurance Company, a corporation. Eunice Walker was acquitted under instruction by the court, the Charles Walker brings here for review by writ of error the judgment of conviction against him.

We will discuss first those assignments of error relating to the sufficiency of the evidence.

It appears from the testimony that about a month before the fire the defendant moved from Bradentown to Plant City, leaving the house vancant. About 2 1/2 months before the fire Walker increased the fire insurance on the house from $1,000 to $3,000.

The electric meter had been removed, but connection was re-established by means of high tension automobile wire, and the wires were charged with electricity at the time of the fire. The defendant Eunice Walker had been employed in an automobile garage.

Two or three weeks before the fire the defendants were seen at the house that was subseqently hurned, and Clyde Amlong testified to this occurrence:

'As I was going home they hollowed to me just as they usually did, and they motioned to me that way (indicating) and said, 'Come here,' and I backed up in the yard and they here,' and I backed up in the yard and they you?' and I said, 'Just as low as they ever get to be.' I thought he was just joking. And he said, 'Well, I'll give you a hundred dollars to melt that down.' He pointed to the house. And I said, 'I don't believe I am as low-down as I thought I was,' and then he went ahead talking and told about how it could be done, and finally said, 'I'm sorry I told you,' and I sais, 'I am, too.' Eunice joined in that conversation. He said some things about how it could be done. They said they could use gasoline and kerosene and an alarm clock and electric lights. As well as I remember, that was all they said they would use. I told them I wouldn't do it. I said, 'Well, you are a damned fool.' The remarks made by him and me were: He says, 'I am sorry I told you,' and I said, 'I'm sorry, too."

The fire alarm was sent in about 9:30 the morning of August 20th, and the fire was soon extinguished.

An alarm clock with a bent nail piercing it was found on the floor with the burnt laths and cinders that had fallen from the ceiling.

Above the place where the fire occurred were found three five-gallon cans, all open, one almost full of gasoline, and two almost full of kerosene oil. One of the cans was just across the rafters, and one next to it, where the electric switch was. A tin can with electric wires soldered to it was found close to the can containing the gasoline.

The chief of the fire department restified in part:

'Upon examining the alarm clock, I found that it had apparently been nailed to hold the clock down in place, and the electrical switch could have been attached to the alarm clock in such a way as to break the circuit that was in the house or to make the circuit, causing the small wires which was in the small cans to become red hot, and ignite the gasoline in the can. To ignite the gasoline in the small can would ordinarily ignite the gasoline in the larger cans which were setting against the small cans with their screw tops off.'

There seems to have been an elaborate and well-conceived plan to burn the house by means of the applicances and material found there when the firemen extinguished the flames. It does not appear, however, that the fire occurred in just the way in which it was planned. There was testimony, however, from which the jury could find that the fire was caused by the electric current, and...