Davis v. State

485 So. 2d 490, 11 Fla. L. Weekly 727, 1986 Fla. App. LEXIS 7001
Procedural entryThis page is a short order in Davis v. State. Read the opinion of the Court — 458 So. 2d 42
District Court of Appeal of Florida·Decided March 25, 1986·No. No. 85-1810·Published

Opinion

Because the disputed and equivocal circumstantial evidence that Davis was driving the decedent’s vehicle at the time of the fatal accident was, as a matter of law, insufficient to overcome Davis’ direct testimony on the stand and other evidence that he was a passenger, Mayo v. State, 71 So.2d 899 (Fla.1954); see McArthur v. State, 351 So.2d 972 (Fla.1977); cf. State v. Allen, 335 So.2d 823 (Fla.1976), the conviction below of manslaughter under § 316.-1931, Fla.Stat. (1983) is reversed with directions to discharge the defendant.

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Davis v. State, 485 So. 2d 490, 11 Fla. L. Weekly 727, 1986 Fla. App. LEXIS 7001 (Fla. Ct. App. 1986).

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Related

McArthur v. State
351 So. 2d 972 (Supreme Court of Florida, 1977)
Mayo v. State
71 So. 2d 899 (Supreme Court of Florida, 1954)
State v. Allen
335 So. 2d 823 (Supreme Court of Florida, 1976)