Ellison v. State

Supreme Court of Florida

Ellison v. State

156 So. 123, 115 Fla. 789, 1934 Fla. LEXIS 1685

CourtSupreme Court of Florida

DecidedJuly 17, 1934

StatusPublished

Cited by1 cases

This text of 156 So. 123 (Ellison 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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Ellison v. State, 156 So. 123, 115 Fla. 789, 1934 Fla. LEXIS 1685 (Fla. 1934).

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Opinion

Per Curiam.

Plaintiffs in error were indicted, tried and convicted of the offense of the larceny of one bull, the property of one W. J. Winburn.

The evidence as to the identity and ownership of the animal killed, butchered and sold by the plaintiffs in error is entirely unsatisfactory and unconvincing. It does not measure up to that degree of proof which is' required to establish guilt. At best, it could only be sufficient to create suspicion that the plaintiffs in error were guilty of the offense charged.

• The judgment should, therefore, be reversed and a new trial awarded. It is so ordered.

Reversed.

Whitfield, P. J., and Brown and Buford, J. J., concur. *790 Davis, C. J., and Terrell, J., concur in the opinion and judgment.

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