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Kennedy v. State

Supreme Court of Florida. En Banc
Dec 23, 1943
16 So. 2d 45 (Fla. 1943)

Opinion

December 23, 1943

An appeal from the Circuit Court for Hamilton County, R.H. Rowe, Judge.

Clayton A. Avriett, for appellant.

J. Tom Watson, Attorney General, and John C. Wynn, Assistant Attorney General, for appellee.


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.


Summaries of

Kennedy v. State

Supreme Court of Florida. En Banc
Dec 23, 1943
16 So. 2d 45 (Fla. 1943)
Case details for

Kennedy v. State

Case Details

Full title:HARLEY KENNEDY v. STATE OF FLORIDA

Court:Supreme Court of Florida. En Banc

Date published: Dec 23, 1943

Citations

16 So. 2d 45 (Fla. 1943)
16 So. 2d 45

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