SINCLAIR JOHNSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE; SAMUEL JAMES JONES, APPELLANT, V. THE STATE OF FLORIDA, APPELLEE; WALTER JACKSON, APPELLANT, V. THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1966-01-11
Nos. 65-364 to 65-366
Before TILLMAN PEARSON, CARROLL and BARKDULL, JJ.
181 So. 2d 748 Florida District Court of Appeal, Third District (1966)

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Synopsis

This case consolidated appeals from three defendants convicted of attempted robbery. The appellate court affirmed the convictions, finding sufficient evidence to support the trial court's judgment despite the victim's disappearance.


Holding

Yes, the evidence was sufficient to support the convictions for attempted robbery.


Key Quotes

“The question presented for determination on appeal is whether the evidence was sufficient to support the convictions.”

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Facts & Procedural History

Three defendants were observed grappling with a fourth man outside a nightclub at 4:30 A.M. The victim stated, "They got my wallet and watch," before …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellants were informed against, charged with the crime of robbery. They were tried together without a jury, and found and adjudged guilty of attempted robbery. Their appeals were consolidated for briefing and argument. The question presented for determination on appeal is whether the evidence was sufficient to support the convictions.

The record discloses that three off-duty private detectives, upon departing from a night club at 4:30 A.M., saw the three defendants grappling with a fourth man. The victim blurted out: “They got my wallet and watch.” He subsequently disappeared. Two of the defendants were observed holding the victim while the third was reaching into the victim’s pocket or trying to do so. The defendants fled, but were overtaken and arrested by the detectives. The trial judge was of the view that robbery was not proved but correctly found the defendants guilty of attempted robbery. Upon examination of the record and briefs we conclude that the judgment appealed from had adequate support in the evidence.

No reversible error having been made to appear the judgments in the above styled and numbered appeals are affirmed.

Affirmed.


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