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Thomas v. State

Supreme Court of Florida
Jan 8, 1935
158 So. 502 (Fla. 1935)

Opinion

Opinion Filed January 8, 1935

A writ of error to he Criminal Court of Record for Dade County, E. C. Collins, Judge.

Roger Edward Davis, for Plaintiff in Error;

Cary D. Landis, Attorney General, and Roy Campbell, Assistant for the State.


In this case the plaintiff was convicted of the crime of assault with intent to commit rape.

After a full and fair consideration of the evidence as shown by the record here the majority of this Court are of the opinion that justice demands a reversal of the judgment because the evidence upon which the State relied for conviction is so unsubstantial and unsatisfactory as to have left the jury to grope in the realm of guess work and speculation to return a verdict against the defendant, and, therefore, on authority of the opinions and judgments in the cases of McNeil v. State, 104 Fla. 360, 139 So. 791, and Smith v. State, 101 Fla. 1066, 132 So. 840, and cases there cited, the judgment is reversed and the cause remanded for new trial.

So ordered.

WHITFIELD, C. J., and ELLIS, TERRELL, BROWN, BUFORD, and DAVIS, J. J., concur.


Summaries of

Thomas v. State

Supreme Court of Florida
Jan 8, 1935
158 So. 502 (Fla. 1935)
Case details for

Thomas v. State

Case Details

Full title:GEORGE THOMAS v. STATE

Court:Supreme Court of Florida

Date published: Jan 8, 1935

Citations

158 So. 502 (Fla. 1935)
158 So. 502