Bonfanti v. State

Supreme Court of Florida

Bonfanti v. State

98 So. 2d 486

DecidedNovember 27, 1957

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This text of 98 So. 2d 486 (Bonfanti v. State) is published on Counsel Stack Legal Research, covering Supreme Court 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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Bonfanti v. State, 98 So. 2d 486 (Fla. 1957).

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PER CURIAM.

From a perusal of the record in this case, we conclude that although the circumstantial testimony relied upon for conviction was consistent with the guilt of the appellant, it cannot be said to have been inconsistent with his innocence and to have pointed “ ‘unerringly to the accused’s guilt [487]*487beyond a reasonable doubt.’ ” Raybon v. State, Fla., 75 So.2d 7.

Consequently the judgment is

Reversed.

TERRELL, C. J., THOMAS, HOBSON and O’CONNELL, JJ., and PARKS, Circuit Judge, concur. DREW and THORNAL, JJ., dissent.

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PER CURIAM.

From a perusal of the record in this case, we conclude that although the circumstantial testimony relied upon for conviction was consistent with the guilt of the appellant, it cannot be said to have been inconsistent with his innocence and to have pointed “ ‘unerringly to the accused’s guilt [487]*487beyond a reasonable doubt.’ ” Raybon v. State, Fla., 75 So.2d 7.

Consequently the judgment is

Reversed.

TERRELL, C. J., THOMAS, HOBSON and O’CONNELL, JJ., and PARKS, Circuit Judge, concur. DREW and THORNAL, JJ., dissent.

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