Judges: BROWN, J. —
Attorneys: Zach H. Douglas, H. H. McDonald and Alonzo P. Meadows,
Attorneys for the Plaintiff in Error;
Fred H. Davis, Atty. Gen. and Roy Campbell, Assistant, Attorneys for the Defendant in Error.
ON REHEARING. D. Niel Ferguson, Attorney for Plaintiff in Error.
Filed: Jul. 28, 1931
Latest Update: Mar. 02, 2020
Summary: Plaintiff in error was convicted of the *Page 614 crime of incest and sentenced to a term in the penitentiary. To the judgment of conviction this writ of error was sued out. Plaintiff in error filed a plea in abatement to the indictment, setting up that two members of the Grand Jury which found the indictment were related to the prosecutrix in the case and that one of them was a prosecutor of the defendant and had participated in the investigation of the charge against the defendant and the proc
Summary: Plaintiff in error was convicted of the *Page 614 crime of incest and sentenced to a term in the penitentiary. To the judgment of conviction this writ of error was sued out. Plaintiff in error filed a plea in abatement to the indictment, setting up that two members of the Grand Jury which found the indictment were related to the prosecutrix in the case and that one of them was a prosecutor of the defendant and had participated in the investigation of the charge against the defendant and the proce..
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Upon a reconsideration of this case on rehearing, we are of the opinion that while there was some evidence to support the verdict the weight and probative force of the evidence, considering it all together, preponderates so strongly against the verdict that the court cannot conclude that such verdict was the result of a due consideration of the evidence, and that right and justice demand that another jury should pass upon the issues made. Fuller v. State, 92 Fla. 873, 110 So. 528; Armstrong v. State, 30 Fla. 170, 11 So. 618, 17 L. R. A. 484.
Therefore the judgment of affirmance heretofore rendered is set aside and the judgment of the court below is reversed and the case remanded for a new trial.
WHITFIELD AND TERRELL, J.J., concur.
BUFORD, C.J., AND ELLIS, J., dissent.
DAVIS, J., disqualified.
