# Brown v. State

> District Court of Appeal of Florida · November 13, 1973 · 285 So. 2d 425

URL: https://www.frixlaw.com/law-library/cases/7459194

## Case

- **Full name:** Kermit C. BROWN v. The STATE of Florida
- **Court:** District Court of Appeal of Florida
- **Decided:** November 13, 1973
- **Citations:** 285 So. 2d 425; 1973 Fla. App. LEXIS 6363
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Barkdull, Carroll, Pearson
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7459194

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7459194. Public record. Not legal advice.