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Johnson v. State

Supreme Court of Florida. En Banc
Feb 28, 1947
29 So. 2d 32 (Fla. 1947)

Opinion

February 11, 1947 Rehearing Denied February 28, 1947

An appeal from the Circuit Court for Santa Rosa County, L.L. Fabisinski, Judge.

A.L. Johnson, for appellant.

J. Tom Watson, Attorney General, and Reeves Bowen, Assistant Attorney General, for appellee.


Affirmed.

THOMAS, C. J., TERRELL and CHAPMAN, JJ., and McNEILL, Associate Justice, concur.

BUFORD, ADAMS and BARNS, JJ., dissent.


In this case the defendant in the court below defended on the right of self-defense.

As I read her testimony, it makes a clear case of self* defense.

I find the evidence adduced to overcome the evidence that defendant acted in self-defense extremely meager and unsatisfactory.

It is well settled in this jurisdiction that in criminal cases where the evidence relied upon to establish some essential element of the offense was not satisfactory the judgment will be reversed. See Smith v. State, 101 Fla. 1066, 132 So. 840, and cases there cited.

Because of the fraility of the evidence to establish the fact that the accused did not act in her lawful self-defense, I think the judgment should be reversed.

ADAMS and BARNS, JJ., concur.


Summaries of

Johnson v. State

Supreme Court of Florida. En Banc
Feb 28, 1947
29 So. 2d 32 (Fla. 1947)
Case details for

Johnson v. State

Case Details

Full title:MATTIE JOHNSON v. STATE OF FLORIDA

Court:Supreme Court of Florida. En Banc

Date published: Feb 28, 1947

Citations

29 So. 2d 32 (Fla. 1947)
29 So. 2d 32