SEFERINO FABAL, HERMAN ROBERTS, PHILIP GWYNN AND EDWARD BERNASKI, PLAINTIFFS IN ERROR,
v.
STATE OF FLORIDA, DEFENDANT IN ERROR
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The Florida Supreme Court reversed a conviction for robbery, finding no evidence in the record to support the charge against the defendants.
No, the court held that the record contained no evidence to support the conviction for robbery.
“There is not one particle of evidence as disclosed by the record which tends to support the conviction and judgment against the defendants upon the charge of assault with the intent to commit robbery and, therefore, the judgment should be reversed.”
This quote directly states the court's finding regarding the lack of evidence and the basis for reversal.
The defendants were involved in a drunken fight with the alleged victim, the captain of a yacht, after a gambling and drinking outing. The captain sus…
The full statement of facts, procedural history, and disposition for this case are member content.
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—The defendants were convicted in the Criminal Court of Record in and for Monroe County under an Information charging the offense of robbery.
The record discloses that the defendants were out on a gambling and drinking debauch with the alleged victim who was captain of a yacht and that as they were returning to the City of Key West from an adjacent island they all became engaged in a drunken fight in which the captain was somewhat beaten and bruised.
There is not one particle of evidence as disclosed by the record which tends to support the conviction and judgment against the defendants upon the charge of *294assault with the intent to commit robbery and, therefore, the judgment should be reversed. It is so ordered. Reversed.
Buford, C.J., and Ellis and Brown, J.J., concur.
■ Whitfield, P.J., and Terrell and Davis, J.J., concur in the opinion and judgment.
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Cumbie v. State, 156 Fla. 779 (Fla. 1945)…mony offered to establish the essential facts necessary to constitute the crime, then, and under these conditions and circumstances, it becomes the duty of the Court to reverse the cause for a new trial.” See also in this connection Fabal v. State, 104 Fla. 293, 139 So. 829 and Redmon et al. v. State, 142 Fla. 206, 194 So. 483. Applying these principles to this case, my conclusion is that the ends of justice would be best subserved by a reversal of the judgment with instructions to grant the motion for a…