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Allen v. State

District Court of Appeal of Florida, Third District
Jun 25, 1968
211 So. 2d 590 (Fla. Dist. Ct. App. 1968)

Opinion

No. 67-974.

June 25, 1968.

Appeal from Criminal Court of Record for Dade County; Edward S. Klein, Judge.

Robert L. Koeppel, Public Defender, and Jeffrey Michael Cohen, Asst. Public Defender, for appellant.

Earl Faircloth, Atty. Gen., and David F. Cerf, Jr., Asst. Atty. Gen., for appellee.

Before BARKDULL, HENDRY and SWANN, JJ.


By this appeal, the appellant seeks reversal of his conviction for the crime of robbery, following a non-jury trial.

He argues that his conviction must be reversed because it was based upon circumstantial evidence which did not exclude every reasonable hypothesis of innocence.

The record contains sufficient, competent evidence to support the finding that the accused was the perpetrator of this crime and that his guilt was proven beyond any reasonable hypothesis of innocence. See Head v. State, Fla. 1952, 62 So.2d 41; Asher v. State, 90 Fla. 75, 105 So. 140 (1925); Tirko v. State, Fla.App. 1962, 138 So.2d 388.

The judgment and sentence be, and the same are, therefore,

Affirmed.


Summaries of

Allen v. State

District Court of Appeal of Florida, Third District
Jun 25, 1968
211 So. 2d 590 (Fla. Dist. Ct. App. 1968)
Case details for

Allen v. State

Case Details

Full title:NORMAN ALLEN, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jun 25, 1968

Citations

211 So. 2d 590 (Fla. Dist. Ct. App. 1968)