Opinion
June 13, 1952.
Appeal from the Circuit Court for Levy County, John A.H. Murphree, J.
Wilbur F. Anderson, Bronson, and A.Z. Adkins, Jr., Gainesville, for appellant.
Richard W. Ervin, Atty. Gen., and William A. O'Bryan, Asst. Atty. Gen., for appellee.
A grand jury of Levy County, Florida, indicted E.F. Jones and G.F. Kelley jointly for the murder of Rosa Lee Kelley on the 4th day of November, 1950, in said county. They were thereafter placed upon trial before a jury, which heard all the evidence, the charge of the Court upon the law and argument of counsel. A verdict of acquittal was returned as to G.F. Kelley, but the jury convicted E.F. Jones of murder in the second degree. Jones was by the trial court sentenced to the State Prison at hard labor for a period of twenty years. He perfected an appeal therefrom to this Court.
It appears by the record that G.F. Kelley and Rosa Lee Kelley, husband and wife, lived at Chiefland, Levy County, Florida, and E.F. Jones, the father of Rosa Lee Kelley, then about 76 years of age, visited them in their home. Shortly after dark on the evening of November 4, 1950, appellant went to the home of a neighbor covered with blood in search of help in behalf of his daughter, Rosa Lee. Visitors went immediately to the Kelley home, and a physician was obtained, but upon examination it was learned that Rosa Lee Kelley was dead. The cause of death was two knife wounds in the chest and one in the back. She died within a few minutes after being stabbed. The witnesses testifying in the case stated that the husband, G.F. Kelley, upon their arrival was in the bed and asleep. The bed was in the same room and only a few feet from the place where his wife fell and later died.
Appellant Jones and Kelley were taken into custody and on the following day, at Williston, according to the testimony of the officers, Jones admitted to the Sheriff and a Deputy that he stabbed his daughter with a knife after she had struck him two or three severe blows over the head with a chair. Jones exhibited his head wounds to the officers and many others. He denied stabbing his daughter with a knife. On appeal here appellant Jones contends, first, that the trial court erred in overruling and denying his motion for a severance upon the theory that his defense and that of Kelley were antagonistic and for this reason he should have a separate trial from Kelley, jointly indicted with him. The second contention urged here is that the admission or confession of appellant Jones made to Sheriff Robbins, and others, at Williston on the day after the alleged murder was unconstitutionally obtained and was therefore improperly admitted into evidence by the trial court. The third ground relied upon by the appellant is that the evidence adduced by the State during the course of the trial was legally insufficient to sustain the verdict and judgment entered below.
As to the order denying the motion for a severance it is difficult to appreciate the help or comfort that would flow to the appellant in the event of a separate trial. It is quite true, as shown by the record, Kelley did not testify in his own behalf, and visitors to the Kelley home shortly after the stabbing of the daughter were in accord on the point that Kelley was in bed and asleep upon their arrival. When he was aroused by the constable the view was expressed that he was under the influence of dope or whiskey. The evidence adduced by the State failed to link Kelley with the crime. This assignment is without merit. See Sawyer v. State, 100 Fla. 1603, 132 So. 188.
It is next contended that the confession of the murder by the appellant to Sheriff Robbins and others was unconstitutionally obtained. We have carefully examined the record with appellant's contention clearly before us but we are unable to sustain the contention. See Brown v. State, 135 Fla. 30, 184 So. 518.
As to the sufficiency of the evidence to sustain the verdict and judgment entered below: the record discloses a fight between the appellant and the deceased in which appellant was hit on the head with a chair. These head wounds of the appellant are not disputed. Appellant, with blood on his face, went to a neighbor for help. A bloody knife was found on the person of the appellant. We agree that the stabbing of a child by a parent is an unnatural act, but in the record is evidence of drinking by the parties, including the deceased, for several hours prior to the crime. These facts were presented to a jury. The jury returned a verdict of murder in the second degree, possibly on the theory that the deceased struck her father with a chair prior to the time that the appellant stabbed her. The disputes and conflicts in the evidence were for the jury under our judicial system. Reversible error has not been made to appear.
Affirmed.
SEBRING, C.J., MATHEWS, J., and TAYLOR, Associate Justice, concur.