From Casetext: Smarter Legal Research

Fabal et al. v. State

Supreme Court of Florida, Division A
Feb 18, 1932
139 So. 829 (Fla. 1932)

Opinion

Opinion filed February 18, 1932.

A writ of error to the Criminal Court of Record for Monroe County; J. Vining Harris, Judge.

Reversed.

W. H. Malone, for Plaintiffs in Error;

Cary D. Landis, Atty. Gen. and Roy Campbell, Assistant, for Defendant in Error.


The defendants were convicted in the Criminal Court of Record in and for Monroe County under an Information charging the offense of robbery.

The record discloses that the defendants were out on a gambling and drinking debauch with the alleged victim who was captain of a yacht and that as they were returning to the City of Key West from an adjacent island they all became engaged in a drunken fight in which the captain was somewhat beaten and bruised.

There is not one particle of evidence as disclosed by the record which tends to support the conviction and judgment against the defendants upon the charge of assault with the intent to commit robbery and, therefore, the judgment should be reversed. It is so ordered.

Reversed.

BUFORD, C.J., AND ELLIS AND BROWN, J.J., concur.

WHITFIELD, P.J., AND TERRELL, AND DAVIS, J.J., concur in the opinion and judgment.


Summaries of

Fabal et al. v. State

Supreme Court of Florida, Division A
Feb 18, 1932
139 So. 829 (Fla. 1932)
Case details for

Fabal et al. v. State

Case Details

Full title:SEFERINO FABAL, HERMAN ROBERTS, PHILIP GWYNN and EDWARD BERNASKI…

Court:Supreme Court of Florida, Division A

Date published: Feb 18, 1932

Citations

139 So. 829 (Fla. 1932)
139 So. 829

Citing Cases

Cumbie v. State

"We have held in many cases that if, after a full and careful consideration of the entire record the ends of…