Thomas v. State

Supreme Court of Florida

Thomas v. State

171 So. 767, 126 Fla. 775

DecidedJanuary 8, 1937

StatusPublished

This text of 171 So. 767 (Thomas v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Thomas v. State, 171 So. 767, 126 Fla. 775 (Fla. 1937).

Pincite

Opinion

Per Curiam.

Plaintiff in error was convicted of a statutory offense. The only question presented is a challenge of the sufficiency of the evidence. The evidence was conflicting. It was the province of the jury to reconcile it, if possible, and, if it could not be reconciled, to determine who was speaking the truth. The jury evidently believed the prosecutrix and did not believe the denial of the defendant. The Circuit Judge in denying motion for new trial upheld the verdict. It is not our province to set it aside, absent a clear showing of error.

So, the judgment is affirmed.

Ellis, P. J., and Terrell and Buford, J. J., concur.' Whitfield, C. J., and Brown and Davis, J. J., concur in the opinion and judgment.

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Per Curiam.

Plaintiff in error was convicted of a statutory offense. The only question presented is a challenge of the sufficiency of the evidence. The evidence was conflicting. It was the province of the jury to reconcile it, if possible, and, if it could not be reconciled, to determine who was speaking the truth. The jury evidently believed the prosecutrix and did not believe the denial of the defendant. The Circuit Judge in denying motion for new trial upheld the verdict. It is not our province to set it aside, absent a clear showing of error.

So, the judgment is affirmed.

Ellis, P. J., and Terrell and Buford, J. J., concur.' Whitfield, C. J., and Brown and Davis, J. J., concur in the opinion and judgment.

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Bluebook (online)

171 So. 767, 126 Fla. 775, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-state-fla-1937.