FRIZELL MCLAREN
v.
STATE

Fla. | 1939-04-21
Terrell, C. J., and Whitfield, Buford, Chapman and Thomas, J. J., concur., Justice Brown not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this! Court.
137 Fla. 783 Florida Supreme Court (1939) Positive Treatment
Also reported at: 188 So. 574
Cited by 6 cases

Opinion of the Court
Per Curiam.

Per Curiam.

The only question presented in this case is whether or not the evidence was sufficient to support the *784verdict and judgment of conviction of murder in the first degree.

The evidence was entirely circumstantial but was sufficiently strong and cogent to exclude every reasonable hypothesis except the guilt of the accused.

The record, considered as a whole, reveals no reversible • error and, therefore, the judgment is affirmed.

So ordered.

Terrell, C. J., and Whitfield, Buford, Chapman and Thomas, J. J., concur.

Justice Brown not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this! Court.


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  • Chason v. State, 148 Fla. 540 (Fla. 1941)
    …o say that where circumstantial evidence is sufficiently strong and cogent to exclude every reasonable hypothesis except the guilt of the accused the verdict and judgment of conviction will not be disturbed by the appellate court. McLaurin v. State, 137 Fla. 783, 188 So. 574; Bivens v. State, 69 Fla. 591, 68 So. 757. Circumstantial evidence may be relied upon for conviction of the most heinous crime. Lowe v. State, 90 Fla. 255, 105 So. 829; Davis v. State, 90 Fla. 816,107 So. 245; McRae v. State, 62 Fla. 74…
  • Hyman v. State, 152 Fla. 446 (Fla. 1943)
    …gligence. While the evidence of defendant’s identity, as the driver of the car, is largely circumstantial, we are satisfied that the jury was justified in its conclusion. See Bivens v. State, 69 Fla. 591, 68 So. 757; McLaren v. State, 137 Fla. 783, 188 So. 574; Chason v. State, 148 Fla. 540, 4 So. (2nd) 691. There was ample evidence to show that defendant was guilty of culpable negligence in the operation of his car. The defendant took the stand and testified that he had several drinks before the acciden…

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