Bellamy v. State

District Court of Appeal of Florida

Bellamy v. State

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

District Court of Appeal of Florida·Decided April 18, 1972·No. No. 70-245·Published

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.

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

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Opinion

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