MORTON R. HIRSCHBERG, TRUSTEE AND EXECUTOR OF THE LAST WILL AND TESTAMENT OF JULIUS HIRSCHBERG, DECEASED, AND MORTON R. HIRSCHBERG, INDIVIDUALLY, APPELLANT,
v.
DUVAL COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND FLORIDA STATE IMPROVEMENT COMMISSION, A STATE AGENCY, APPELLEES
MORTON R. HIRSCHBERG, TRUSTEE AND EXECUTOR OF THE LAST WILL AND TESTAMENT OF JULIUS HIRSCHBERG, DECEASED, AND MORTON R. HIRSCHBERG, INDIVIDUALLY, APPELLANT,
DUVAL COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND FLORIDA STATE IMPROVEMENT COMMISSION, A STATE AGENCY, APPELLEES
73 So. 2d 850
Florida Supreme Court (1954)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
This case was consolidated with Shavers v. Duval County, Fla., 73 So. 2d 684, for the purpose of consideration, conference and disposition. The conclusions reached in that case govern the issues herein.
The judgment appealed from should accordingly be affirmed in part and reversed in part for further proceedings in accordance with the opinion in Shavers v. Duval County.
It is so ordered. ROBERTS, C. J.,’ TERRELL, SE-BRING, MATHEWS and DREW, JJ., concur. THOMAS, J., dissents.
HOBSON, J., not participating.
Dissent
THOMAS, Justice
(dissenting).
I dissent because this opinion does not comport with the views I recorded in my dissenting opinion in Watts v. Duval County, Fla., - So. 2d -.
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Knight v. State, 294 So. 2d 387 (Fla. 4th DCA 1974)…ses is true, or merely establishes some finite probability in favor of one hypotheses is rather than another, such evidence cannot be proof, however great the probability may be.” 5 Fla.Jur. Burglary and Housebreaking § 24 (1955). Hubbard v. State, 73 So. 2d 850 (Fla.1954); Rivers v. State, 140 Fla. 487, 192 So. 190 (1939); Wright v. State, 182 So. 2d 273 (3d D.C.A.Fla.1966). With respect to finger print evidence in particular, it has been held that when a finger print is found in a [*389] place open to the…
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Wright v. State, 182 So. 2d 273 (Fla. 3d DCA 1966)…ant, in that it did not meet the tests set forth in Hall v. State, 90 Fla. 719, 107 So. 246; Frank v. State, 121 Fla. 53, 163 So. 223; Dedge v. State, 128 Fla. 343, 174 So. 725; Rivers v. State, 140 Fla. 487, 192 So. 190; Hubbard v. State, Fla.1954, 73 So. 2d 850; Davis v. State, Fla.1956, 90 So. 2d 629. The evidence failed to establish beyond and to the exclusion of reasonable doubt that the appellant, and no one else, was criminally responsible for the act charged. Therefore the judgment, conviction, and…
Authorities Cited
- Shavers v. Duval Cnty., 73 So. 2d 684 (Fla. 1954)