Stoudt v. State

District Court of Appeal of Florida

Stoudt v. State

258 So. 2d 850, 1972 Fla. App. LEXIS 7298

CourtDistrict Court of Appeal of Florida

DecidedMarch 14, 1972

DocketNos. P-273, P-274

StatusPublished

Cited by1 cases

This text of 258 So. 2d 850 (Stoudt 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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Stoudt v. State, 258 So. 2d 850, 1972 Fla. App. LEXIS 7298 (Fla. Ct. App. 1972).

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Opinion

PER CURIAM.

This cause has been orally argued before the court and briefs and record on appeal have been read and given full consideration. It is our view that the legal effect and probative force of the evidence in the case sub judice is sufficient to sustain the conviction under the principles enunciated by the court in Blatch v. State, 216 So.2d 261 (Fla.App.1968), cert. dismissed 225 So.2d 532 (Fla.1969); Hixon v. State, 165 So.2d 436 (Fla.App.1964); and Byrd v. State, 178 So.2d 886 (Fla.App.1965).

Appellant’s reliance on Mitchell v. State, 104 So.2d 84 (Fla.App.1958), is unavailing in our view. To the extent that the ruling in Mitchell may be applicable here, it seems to us that the rule of that case was inferentially receded from by the same court in Byrd v. State, supra. Accordingly, the judgment appealed from herein is

Affirmed.

SPECTOR, C. J., and WIGGINTON and JOHNSON, JJ., concur.

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