Troutner v. State

District Court of Appeal of Florida

Troutner v. State

208 So. 2d 633, 1968 Fla. App. LEXIS 5796

CourtDistrict Court of Appeal of Florida

DecidedApril 9, 1968

DocketNo. 67-527

StatusPublished

This text of 208 So. 2d 633 (Troutner 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

Troutner v. State, 208 So. 2d 633, 1968 Fla. App. LEXIS 5796 (Fla. Ct. App. 1968).

Pincite

Opinion

PER CURIAM.

The sole issue on this appeal is whether there was sufficient, competent evidence for the trial judge to find that a victim of an alleged robbery was induced by fear into delivering money to the defendant.

The record reveals that the defendant had a loaded gun, which he pointed at the victim. The victim testified that he “was very scared” and that he gave the defendant certain money, which was the subject matter of the alleged robbery.

Under the authority of Montsdoca v. State, 84 Fla. 82, 93 So. 157 (1922); Thomas v. State, Fla.App.1966, 183 So.2d 297; and Flagler v. State, Fla.App.1966, 189 So.2d 212; aff’d Fla.1967, 198 So.2d 313, we think there was sufficient, competent evidence before the trial judge to sustain his determination that the victim was in fear and to establish this necessary element of the alleged robbery.

[634]*634It has been stated that “all inferences to be drawn from the evidence are to be in favor of the verdict or judgment of guilt” on an appeal from such verdict, or judgment. Crum v. State, Fla.App.1965, 172 So.2d 24.

The judgment herein appealed is, therefore,

Affirmed.

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