Bellamy v. State

District Court of Appeal of Florida

Bellamy v. State

267 So. 2d 374, 1972 Fla. App. LEXIS 6147

CourtDistrict Court of Appeal of Florida

DecidedApril 18, 1972

DocketNo. 70-245

StatusPublished

This text of 267 So. 2d 374 (Bellamy v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bellamy v. State, 267 So. 2d 374, 1972 Fla. App. LEXIS 6147 (Fla. Ct. App. 1972).

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Opinion

PER CURIAM.

The point raised on appeal, which essentially questions the sufficiency of the evidence to sustain the conviction for aggravated assault, was not properly preserved for appellate review because the issue of the sufficiency of the evidence was not first submitted to the court by timely motion for new trial. State v. Owens, Fla. 1970, 233 So.2d 389. Were the question properly before us on the merits, the case of McCullers v. State, Fla.App. 1968, 206 So.2d 30 would require affirmance.

Reversible error not having been made to appear, the judgment is affirmed.

REED, C. J., and WALDEN and OWEN, J J., concur.

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PER CURIAM.

The point raised on appeal, which essentially questions the sufficiency of the evidence to sustain the conviction for aggravated assault, was not properly preserved for appellate review because the issue of the sufficiency of the evidence was not first submitted to the court by timely motion for new trial. State v. Owens, Fla. 1970, 233 So.2d 389. Were the question properly before us on the merits, the case of McCullers v. State, Fla.App. 1968, 206 So.2d 30 would require affirmance.

Reversible error not having been made to appear, the judgment is affirmed.

REED, C. J., and WALDEN and OWEN, J J., concur.

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267 So. 2d 374, 1972 Fla. App. LEXIS 6147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bellamy-v-state-fladistctapp-1972.

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