Sosa v. State

District Court of Appeal of Florida

Sosa v. State

314 So. 2d 819, 1975 Fla. App. LEXIS 13642

CourtDistrict Court of Appeal of Florida

DecidedJuly 2, 1975

DocketNo. 74-581

StatusPublished

This text of 314 So. 2d 819 (Sosa 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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Sosa v. State, 314 So. 2d 819, 1975 Fla. App. LEXIS 13642 (Fla. Ct. App. 1975).

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Opinion

PER CURIAM.

Appellant’s conviction for assault upon Stan Rowell with intent to commit manslaughter is affirmed. However, there is no evidence in the record to indicate that appellant fired any shots in the direction of James Layman or, in fact, even knew of Layman’s presence at the scene. Cf. Johnson v. State, 1907, 53 Fla. 45, 43 So. 779. Therefore, the judgment of conviction and sentence for assault upon James Layman with intent to commit manslaughter are hereby reversed.

HOBSON, A. C. J., and BOARDMAN and GRIMES, JJ., concur.

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PER CURIAM.

Appellant’s conviction for assault upon Stan Rowell with intent to commit manslaughter is affirmed. However, there is no evidence in the record to indicate that appellant fired any shots in the direction of James Layman or, in fact, even knew of Layman’s presence at the scene. Cf. Johnson v. State, 1907, 53 Fla. 45, 43 So. 779. Therefore, the judgment of conviction and sentence for assault upon James Layman with intent to commit manslaughter are hereby reversed.

HOBSON, A. C. J., and BOARDMAN and GRIMES, JJ., concur.

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314 So. 2d 819, 1975 Fla. App. LEXIS 13642, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sosa-v-state-fladistctapp-1975.

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