NAP LOVETT, PLAINTIFF IN ERROR,
v.
THE STATE OF FLORIDA, DEFENDANT IN ERROR
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The Florida Supreme Court affirmed a conviction for manslaughter, holding that a jury's verdict of a lesser included offense will not be overturned if the evidence would have supported a conviction for the greater offense, even if the evidence might also suggest no crime was committed.
Yes, a conviction for a lesser included offense will not be set aside if the evidence supports a conviction for the greater offense, according to Florida Statute Section 6110.
“In all criminal prosecutions hereafter begun in this State, if the defendant be found guilty of an offense lesser in degree, but included in the offense charged in the indictment or information, such verdict shall not be set aside by the court, upon the ground that such verdict is contrary to the evidence, if the evidence produced in such case would have supported a finding, or if such court would have sustained a verdict of guilty of the greater offense.”
Quoting Florida Statute Section 6110, which governs the review of lesser included offense verdicts.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff in error was convicted of manslaughter. He contended that the evidence presented at trial supported either a conviction for murder in th…
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Whitfield, P. J.
On a writ of error to a judgment of conviction of manslaughter it is contended that the evidence shows the accused to be guilty of murder in the first degree or no crime whatever. Section 6110, Rev. 'Gen. Stats., is as follows: “In all criminal prosecutions hereafter begun in this State, if the defendant be found guilty of an offense lesser in degree, but included in the offense charged in the indictment or information, such verdict shall not be set aside by the court, upon the ground that such verdict is contrary to the evidence, if the evidence produced in such case would have supported a finding, or if such court would have sustained a verdict of guilty of the greater offense.”
The above statute was enacted to change the rule announced in Johnson v. State, 24 Fla. 162, 4 So. Rep. 535. Golding v. State, 26 Fla. 530, 8 So. Rep. 311. See McCoy v. State, 40 Fla. 494, 24 So. Rep. 485.
“In the trial of one under an indictment for murder where the evidence is sufficient to support a verdict of guilty of murder in the first degree, a verdict of manslaughter will not be disturbed upon the ground that the evidence is not sufficient to support a verdict of that degree of homicide.” Williams v. State, 73 Fla. 1198, 75 So. Rep. 785.
The evidence would have sustained a verdict of a higher offense under the indictment, therefore the conviction for manslaughter is authorized.
Affirmed. Terrell and Buford, J. J., concur. Ellis, C. J., and Strum and Brown, J. J., concur in the opinion and judgment.
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Citator
Cited By
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Holloman v. State, 140 Fla. 59 (Fla. 1939)…Fla. 553, 88 Sou. Rep. 741; Ammons v. State, 88 [*62] Fla. 444, 102 Sou. Rep. 642; Roberts v. State, 94 Fla. 149, 113 Sou. Rep. 726; Williams v. State, 73 Fla. 1198, 75 Sou. Rep. 785; Clark v. State, 88 Fla. 186, 101 Sou. Rep. 352; Lovett v. State, 95 Fla. 269, 116 Sou. Rep. 7; Jenkins v. State, 100 Fla. 1599, 132 Sou. Rep. 198. Likewise this Court has held that an indictment or information sufficiently charging murder in the second degree includes a charge of manslaughter. Sallas v. State, 61 Fla. 59, 5…
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Davis v. State, 137 Fla. 423 (Fla. 1939)…murder in the first degree charged the lesser degree of unlawful homicide and the defendant's [*426] guilt of each was in question. McCoy v. State, 40 Fla. 494; 24 South. Rep. 485; Morrison v. State, 42 Fla. 149, 28 South. Rep. 97; Lovett v. State, 95 Fla. 269, 116 South. Rep. 7; Jenkins v. State, 100 Fla. 1599, 132 South. Rep. 198. In view of these acts of the legislature and expressions of this court, there is no doubt that plaintiff in error knew that he was confronted with the charge of murder in the…
Authorities Cited
- McCoy v. State, 40 Fla. 494 (Fla. 1898)
- Cassie Williams v. State, 73 Fla. 1198 (Fla. 1917)
- Johnson v. State, 24 Fla. 162 (Fla. 1888)
- Golding v. State, 26 Fla. 530 (Fla. 1890)