Schoenberg v. State

District Court of Appeal of Florida

Schoenberg v. State

248 So. 2d 522, 1971 Fla. App. LEXIS 6538

CourtDistrict Court of Appeal of Florida

DecidedMay 25, 1971

DocketNo. 70-578

StatusPublished

This text of 248 So. 2d 522 (Schoenberg 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.

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Schoenberg v. State, 248 So. 2d 522, 1971 Fla. App. LEXIS 6538 (Fla. Ct. App. 1971).

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Opinion

PER CURIAM.

Appellant was found guilty by a jury in the Criminal Court of Record of Dade County of the crime of conspiracy to bribe a public officer, under § 833.04 Fla.Stat., F.S.A. This appeal is from the judgment and sentence which followed.

Appellant urges reversal on several grounds, one of which is that the evidence was insufficient to sustain the conviction. This point has been carefully considered by this court in the light of the record, briefs and argument of counsel and found to have merit. The evidence adduced was inconclusive, and fell far short of establishing guilt and was insufficient to sustain the conviction. See: Schuler v. State, Fla.1952, 57 So.2d 336; Bazarte v. State, Fla.App.1959, 114 So.2d 500, 504; State v. Trafficante, Fla.App.1961, 136 So.2d 264. See also, 7 Florida Law and Practice, “Criminal Law” § 594, pp. 34-36. Therefore, the judgment of conviction and sentence are hereby set aside with directions that a new trial be granted.

Reversed with directions that a new trial be granted.

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PER CURIAM.

Appellant was found guilty by a jury in the Criminal Court of Record of Dade County of the crime of conspiracy to bribe a public officer, under § 833.04 Fla.Stat., F.S.A. This appeal is from the judgment and sentence which followed.

Appellant urges reversal on several grounds, one of which is that the evidence was insufficient to sustain the conviction. This point has been carefully considered by this court in the light of the record, briefs and argument of counsel and found to have merit. The evidence adduced was inconclusive, and fell far short of establishing guilt and was insufficient to sustain the conviction. See: Schuler v. State, Fla.1952, 57 So.2d 336; Bazarte v. State, Fla.App.1959, 114 So.2d 500, 504; State v. Trafficante, Fla.App.1961, 136 So.2d 264. See also, 7 Florida Law and Practice, “Criminal Law” § 594, pp. 34-36. Therefore, the judgment of conviction and sentence are hereby set aside with directions that a new trial be granted.

Reversed with directions that a new trial be granted.

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248 So. 2d 522, 1971 Fla. App. LEXIS 6538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schoenberg-v-state-fladistctapp-1971.

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