Opinion

Brown v. State

  • 285 So. 2d 425
  • 1973 Fla. App. LEXIS 6363
Court
District Court of Appeal of Florida
Filed
Nov 13, 1973
Status
Published
On the bench
Barkdull, Carroll, Pearson
Cited by
1 cases
Authority
More cited than 46.7%

The opinion

PER CURIAM.

The appellant was tried before the court, having waived trial by jury, and upon a charge of second degree murder was found guilty of manslaughter. On this appeal, it is urged that the evidence was insufficient-because it was circumstantial and subject to a reasonable hypothesis of innocence. See Stewart v. State, 158 Fla. 753 , 30 So. 2d 489 (1947). Such a holding is not applicable in this case because the appellant admitted to the killing, gave inconsistent *426 versions of the events, and upon the witness stand testified to facts completely at variance with the hypothesis now suggested as a reasonable hypothesis of innocence. Since no error appears, the judgment and sentence are affirmed. See Groneau v. State, Fla.App.1967, 201 So.2d 599 . See also the rule stated in Bryan v. State, 141 Fla. 676 , 194 So. 385 (1940).

Affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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