Williams v. State, 1842

• Decision Date: 11 September 1970
• Docket Number: No. 1842,1842
• Citation: 239 So.2d 127
• Parties: C. E. WILLIAMS, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 127

239 So.2d 127

C. E. WILLIAMS, Appellant, v. STATE of Florida, Appellee.

No. 1842.

District Court of Appeal of Florida, Fourth District.

Sept. 11, 1970.

Louis R. Bowen, Public Defender, Chandler R. Muller, and Edward G. Helvenston, Asst. Public Defenders, Orlando, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and Charles W. Musgrove, Asst. Atty. Gen., West Palm Beach, for appellee.

FARRINGTON, OTIS, Associate Judge.

Appellant C. E. Williams seeks reversal of a final judgment and sentence of imprisonment based on a jury verdict finding Williams guilty of grand larceny of seven hundred dollars in United States currency, the property of John Everett. The sole basis of the appeal is appellant's contention that the evidence was insufficient to support a larceny conviction. The facts disclosed by the testimony of the witnesses for the state will be summarized. Appellant offered no testimony.

Appellant, who was known to the witnesses as Big Daddy and Prophet Joe, was reputed to have unusual powers to heal illness and bestow good fortune to those who availed themselves of his services. The complaining John Everett, a superstitious 73 year old man, accompanied his cousin and son-in-law to Williams' home in Sanford, Florida for the main purpose of obtaining his services to break a persistent siege of bad luck and illness being experienced by the cousin.

After the cousin consulted with Williams, John Everett consulted with him regarding a persistent illness for which he had recently been hospitalized. Williams conducted a test consisting of placing a piece of Everett's hair and a piece of his toenail in a glass of clear liquid which turned purple when stirred. With the aid of this test appellant quickly diagnosed Everett's ailment as being caused by germs, and directed him to take off his clothes and lie down on the bed for treatment. The treatment consisted of bathing him with a liquid from a bottle and rubbing him down.

Everett had in his possession an envelope containing eleven hundred dollars which he laid on the table along with his personal effects and covered with a handkerchief when he removed his clothing. The eleven hundred dollars was to be used to pay a doctor and hospital bill which he owed. After treating Everett, appellant picked up the envelope and began counting the money. Everett told him not to 'mess' with his money, but after some discussion Everett acquiesced to the laying of $700.00 of the money on a Bible to be blessed. Appellant then told Everett that it was necessary for appellant to go to the woods for three days and three nights with the $700.00 and that he would return it to Everett in eight days. Everett denied that he ever consented to Williams taking the $700.00; but he left the house without the $700.00 which remained in the possession of Williams.

Five days later appellant appeared at Everett's home in Bartow, Florida without the $700.00. He told Everett that he did not have the $700.00 at that time because he had distributed it to seven churches that had to have $100.00 each. The outcome of this meeting was that appellant obtained the $400.00 that Everett had retained from the prior meeting, on the pretext that the $400.00 also required blessing. Appellant advised Everett that he would cause the $400.00 to be blessed by taking it into the woods for three days and three nights and that the entire $1,100.00 would be returned to Everett within a few days. Only the $700.00 obtained by appellant at the original meeting in Sanford, Florida is involved in this case.

Appellant never returned, nor did he return any of the money. Approximately 14 months later, after reporting the matter to the police in...