Jacobs v. State

District Court of Appeal of Florida

Jacobs v. State

268 So. 2d 548, 1972 Fla. App. LEXIS 6031

CourtDistrict Court of Appeal of Florida

DecidedNovember 8, 1972

DocketNo. 71-415

StatusPublished

This text of 268 So. 2d 548 (Jacobs v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jacobs v. State, 268 So. 2d 548, 1972 Fla. App. LEXIS 6031 (Fla. Ct. App. 1972).

Pincite

Opinion

HOBSON, Judge.

Appellant was found guilty on an information charging him with uttering a forged instrument. After entry of judgment and sentence appellant appealed. ■

The State’s proof of guilt was based upon circumstantial evidence. It has been long established in the State of Florida that in criminal prosecutions where circumstantial evidence is relied on for proof of guilt, such evidence must not only be consistent with defendant’s guilt, but it must be inconsistent with any reasonable hypothesis of innocence. LaMonte v. State, Fla.App.1962, 145 So.2d 889; Nash v. State, Fla.App.1966, 188 So.2d 391; and Rhoden v. State, Fla.App.1969, 227 So.2d 349.

Upon an examination of the record on appeal we find the evidence is not sufficient under the circumstantial evidence rule and, therefore, the judgment and sentence is reversed.

Reversed and remanded for a new trial.

LILES, J., concurs. PIERCE, C. J., dissents.

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