Trice v. State

District Court of Appeal of Florida

Trice v. State

197 So. 2d 852, 1967 Fla. App. LEXIS 5156

CourtDistrict Court of Appeal of Florida

DecidedApril 20, 1967

DocketNo. I-266

StatusPublished

This text of 197 So. 2d 852 (Trice 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

Trice v. State, 197 So. 2d 852, 1967 Fla. App. LEXIS 5156 (Fla. Ct. App. 1967).

Pincite

Opinion

PER CURIAM.

An information was filed against the defendant for assault to commit murder in the first degree. The jury found defendant guilty of assault to commit manslaughter. The only question presented to this court on appeal is whether the evidence was sufficient to sustain the conviction.

There was a factual conflict in the evidence as to the sequence of events preceding the shooting and as to whether the defendant shot in self-defense. It was undisputed that defendant did in fact shoot the victim, Frank Smith. After hearing all the evidence the jury resolved the conflict in the testimony of the witnesses against the defendant.

We have carefully examined the record and transcript of testimony in this case and find that there is sufficient, competent evidence to support the jury verdict of assault to commit manslaughter. Therefore, the judgment appealed must be and hereby is Affirmed.

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

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PER CURIAM.

An information was filed against the defendant for assault to commit murder in the first degree. The jury found defendant guilty of assault to commit manslaughter. The only question presented to this court on appeal is whether the evidence was sufficient to sustain the conviction.

There was a factual conflict in the evidence as to the sequence of events preceding the shooting and as to whether the defendant shot in self-defense. It was undisputed that defendant did in fact shoot the victim, Frank Smith. After hearing all the evidence the jury resolved the conflict in the testimony of the witnesses against the defendant.

We have carefully examined the record and transcript of testimony in this case and find that there is sufficient, competent evidence to support the jury verdict of assault to commit manslaughter. Therefore, the judgment appealed must be and hereby is Affirmed.

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

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Bluebook (online)

197 So. 2d 852, 1967 Fla. App. LEXIS 5156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trice-v-state-fladistctapp-1967.