D. D. S. v. State

District Court of Appeal of Florida

D. D. S. v. State

392 So. 2d 328, 1981 Fla. App. LEXIS 27972

District Court of Appeal of Florida·Decided January 6, 1981·No. No. 78-693·Published

Opinion

PER CURIAM.

Appellant’s adjudication of delinquency is reversed on a finding that the circumstantial evidence relied upon by the state was not shown to be inconsistent with a reasonable hypothesis of innocence. Circumstantial evidence did not rise to that reasonable certainty that the accused committed the offense. Pate v. State, 72 Fla. 97, 72 So. 517 (1916); see also, 13 Fla.Jur. Evidence § 417 and cases cited therein.

Reversed.

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PER CURIAM.

Appellant’s adjudication of delinquency is reversed on a finding that the circumstantial evidence relied upon by the state was not shown to be inconsistent with a reasonable hypothesis of innocence. Circumstantial evidence did not rise to that reasonable certainty that the accused committed the offense. Pate v. State, 72 Fla. 97, 72 So. 517 (1916); see also, 13 Fla.Jur. Evidence § 417 and cases cited therein.

Reversed.

D. D. S. v. State, 392 So. 2d 328, 1981 Fla. App. LEXIS 27972 (Fla. Ct. App. 1981).

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Opinion

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