Woodward v. State
| Citation | 151 So. 509,113 Fla. 301 |
| Parties | WOODWARD v. STATE. |
| Decision Date | 19 December 1933 |
| Court | United States State Supreme Court of Florida |
En Banc.
Error to Circuit Court, Santa Rosa County; L. L. Fabisinski, Judge.
George W. Woodward was convicted of incest with Juanita Woodward, and they bring error.
Reversed, and new trial awarded.
COUNSEL T. Franklin West, of Milton, for plaintiffs in error.
Carry D. Landis, Atty. Gen., and Roy Campbell, Asst. Atty. Gen., for the State.
Plaintiff in error George D. Woodward was convicted of the crime of incest with his twelve year old daughter, who is the plaintiff in error, Juanita Woodward. The brief of the Attorney General concedes the essential weakness of the state's proof, and a careful examination of the evidence by the members of his court has convinced us that in view of the uncertainties appearing in the evidence, and the strong doubt which the evidence raises as to the defendants' guilt of the revolting crime with which they were charged and found guilty, that the ends of justice will be subserved by the granting of a new trial. See Courson v. State, 151 So. 383, decided at the present term; Hammock v. State, 99 Fla. 1119, 128 So. 267; Fuller v. State, 92 Fla. 873, 110 So. 528; Council v. State (Fla.) 149 So. 13; Calloway v. State, 152 So. 429, decided at the present term (opinion filed November 10, 1933).
Reversed, and a new trial awarded.
BROWN, J., absent on account of illness.
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