Harrell v. State

District Court of Appeal of Florida

Harrell v. State

245 So. 2d 302, 1971 Fla. App. LEXIS 6911

District Court of Appeal of Florida·Decided March 16, 1971·No. No. N-142·Published·Cited by 2 cases

Opinion

PER CURIAM.

This is an appeal from a manslaughter conviction and ten-year sentence thereon. The evidence was conflicting as to who the aggressor was in the affray which resulted in a homicide. The rule is well settled that the jury is the trier of fact and that when the jury’s verdict is supported by competent substantial evidence, the appellate court will not substitute its judgment for that of the jury. Kellogg v. State, 219 So.2d 745 (Fla.App.1969).

Numerous points have been raised by appellant, but our consideration of them fails to convince us that reversible error was committed in the trial of this cause.

Accordingly, the judgment reviewed herein must be

Affirmed.

WIGGINTON, Acting C. J., and RAWLS and SPECTOR, JJ., concur.

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PER CURIAM.

This is an appeal from a manslaughter conviction and ten-year sentence thereon. The evidence was conflicting as to who the aggressor was in the affray which resulted in a homicide. The rule is well settled that the jury is the trier of fact and that when the jury’s verdict is supported by competent substantial evidence, the appellate court will not substitute its judgment for that of the jury. Kellogg v. State, 219 So.2d 745 (Fla.App.1969).

Numerous points have been raised by appellant, but our consideration of them fails to convince us that reversible error was committed in the trial of this cause.

Accordingly, the judgment reviewed herein must be

Affirmed.

WIGGINTON, Acting C. J., and RAWLS and SPECTOR, JJ., concur.

Harrell v. State, 245 So. 2d 302, 1971 Fla. App. LEXIS 6911 (Fla. Ct. App. 1971).

Pincite

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Opinion

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