Buford v. State

Supreme Court of Florida

Buford v. State

43 So. 2d 448, 1949 Fla. LEXIS 1067

DecidedDecember 20, 1949

StatusPublished

This text of 43 So. 2d 448 (Buford 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.

Bluebook

Buford v. State, 43 So. 2d 448, 1949 Fla. LEXIS 1067 (Fla. 1949).

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Opinion

The appellant, George Buford, was informed against for the violation of Section 800.04, F.S.A., in the Criminal Court of Record of Dade County. He was placed upon trial, convicted and by the trial court sentenced to serve a period of six months at hard labor in the County Jail of Dade County, Florida. An appeal has been perfected here.

It is contended that the evidence adduced by the State at the trial was legally insufficient to establish a violation of Section 800.04, F.S.A. We have reviewed all the testimony in light of the contention made. We have held that, after a full and careful consideration of the entire record, the ends of justice will be best subserved in granting a new trial because of the inconclusiveness of the testimony offered to establish the essential facts necessary to constitute the crime, then under these conditions and circumstances it becomes the duty of this Court to reverse the cause for a new trial. See Lowe v. State,154 Fla. 730, 19 So.2d 106; Dopler v. State, Fla., 40 So.2d 363.

The judgment appealed from is reversed and a new trial awarded.

ADAMS, C.J., and TERRELL, CHAPMAN, THOMAS, HOBSON and ROBERTS, JJ., concur.

SEBRING, J., not participating because of illness.

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The appellant, George Buford, was informed against for the violation of Section 800.04, F.S.A., in the Criminal Court of Record of Dade County. He was placed upon trial, convicted and by the trial court sentenced to serve a period of six months at hard labor in the County Jail of Dade County, Florida. An appeal has been perfected here.

It is contended that the evidence adduced by the State at the trial was legally insufficient to establish a violation of Section 800.04, F.S.A. We have reviewed all the testimony in light of the contention made. We have held that, after a full and careful consideration of the entire record, the ends of justice will be best subserved in granting a new trial because of the inconclusiveness of the testimony offered to establish the essential facts necessary to constitute the crime, then under these conditions and circumstances it becomes the duty of this Court to reverse the cause for a new trial. See Lowe v. State,154 Fla. 730, 19 So.2d 106; Dopler v. State, Fla., 40 So.2d 363.

The judgment appealed from is reversed and a new trial awarded.

ADAMS, C.J., and TERRELL, CHAPMAN, THOMAS, HOBSON and ROBERTS, JJ., concur.

SEBRING, J., not participating because of illness.

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43 So. 2d 448, 1949 Fla. LEXIS 1067, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buford-v-state-fla-1949.

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