Opinion
October 20, 1950.
Appeal from the Criminal Court of Record, Duval County, Edwin L. Jones, J.
Walter G. Arnold and J.D. Raye, Jacksonville, for appellants.
Richard W. Ervin, Attorney General, and Murray Sams, Jr., Assistant Attorney General, for appellee.
Sufficient evidence was introduced to sustain the conviction of Leon Wyche, but we do not find testimony establishing beyond a reasonable doubt that the appellant Abraham Clemons was "unlawfully present, counselling, hiring, procuring, encouraging, commanding, inciting, and otherwise inducing the said Leon Wyche to do and commit" the crime charged.
So the judgment against Leon Wyche is affirmed and the one against Abraham Clemons is reversed.
ADAMS, C.J., and TERRELL, THOMAS and ROBERTS, JJ., concur.