Opinion
November 17, 1953. Rehearing Denied November 24, 1953.
Appeal from the Criminal Court of Record for Polk County, R.H. Amidon, J.
J. Tom Watson, Lakeland, for appellants.
Richard W. Ervin, Atty. Gen., Mark R. Hawes, Asst. Atty. Gen., for appellee.
After a thorough consideration of the records and briefs we have reached the conclusion that the judgment against the defendant, Hazel Mosely, should be affirmed. The conviction against the defendant, Theo Mosely rests entirely upon circumstantial evidence and this evidence is not sufficient to exclude every other reasonable hypothesis except that of the guilt of said defendant Consequently, the judgment rendered against Theo Mosely should be reversed.
It is so ordered.
ROBERTS, C.J., and SEBRING, HOBSON and DREW, JJ., concur.