HARLEY KENNEDY
v.
STATE OF FLORIDA
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The Florida Supreme Court affirmed a conviction for breaking and entering with intent to commit grand larceny, holding that the jury was justified in disbelieving the defendant's alibi evidence. The court found the evidence sufficient to support the judgment.
Yes, the evidence is sufficient to support the judgment. The jury was justified in disbelieving the alibi evidence presented by the appellant.
“The only contention presented is that the evidence is not sufficient to support the judgment.”
This quote states the sole issue raised on appeal by the appellant.
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Join FLexlaw to unlock all legal intelligenceThe appellant was convicted of breaking and entering a building with the intent to commit grand larceny. The appellant attempted to present an alibi d…
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Appellant, having been convicted of the offense of breaking and entering a building of another with intent to commit grand larceny, has brought the judgment here for review.
The only contention presented is that the evidence is not sufficient to support the judgment.
On the trial accused attempted to. establish an alibi. The jury evidently gave no credence to the evidence supporting the contention that accused was not present at the time and place of the commission of the crime. The record justifies its (the jury’s) action in this regard.
The judgment should be affirmed on authority of the opinions and judgments in the following cases: Turner v. State, 99 Fla. 246, 126 So. 158; Roberson v. State, 40 Fla. 509, 24 So. 474; Walks v. State, 123 Fla., 700, 167 So. 523; Mitchem v. State, 114 Fla. 537, 154 So. 213.
So ordered.
Affirmed.
TERELL, CHAPMAN, ADAMS and SEBRING, JJ., concur.
BROWN and THOMAS, JJ., dissent.
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Citator
Cited By
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Dove v. State, 287 So. 2d 384 (Fla. 1st DCA 1973)…on hour. That issue was one for determination by the jury, which rejected the alibi evidence as was its province, in face of the evidence placing appellant at the scene of the crime. Stuckey v. State, 199 So. 2d 137 (Fla.App.1967); Kennedy v. State, 153 Fla. 863, 16 So. 2d 45 (Fla.1943); Flowers v. State, 152 Fla. 649, 12 So. 2d 772 (Fla.1943). The granting or denial of Dove’s motion for severance was a matter within the discretion of the court, and the appellant had the burden to show the denial of the mo…
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Grizzard v. State, 139 So. 2d 161 (Fla. 2d DCA 1962)…801, 178 So. 833; and 9 Fla.Jur., Criminal Law, Sec. 178. Apparently, in the instant case, the jury gave no credence to the testimony as to the alibi and this court is not authorized to disturb the verdict in this regard. See Kennedy v. State, 1943, 153 Fla. 863, 16 So. 2d 45; and Johnston v. State, 1937, 127 Fla. 100, 172 So. 708. Although the evidence of the appellant’s identity as the person who committed the offense in this case is circumstantial in nature, this court is of the opinion that the jury wa…
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Carter v. State, 212 So. 2d 805 (Fla. 3d DCA 1968)…sufficient competent substantial evidence to support the judgment of guilt. With such in the record, the trier of fact was justified in refusing to believe the explanation and the alibi. Johnson v. State, 127 Fla. 100, 172 So. 708; Kennedy v. State, 153 Fla. 863, 16 So. 2d 45; Grizzard v. State, Fla.App.1962, 139 So. 2d 161. The other point on appeal, urging that the State failed to prove the value of the property taken, is found to be without merit. The victim clearly identified the loss of the property t…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Roberson v. State, 40 Fla. 509 (Fla. 1898)
- Turner v. State, 99 Fla. 246 (Fla. 1930)
- Walks v. State, 123 Fla. 700 (Fla. 1936)
- Mitchem v. State, 114 Fla. 537 (Fla. 1934)