McGuire v. State, (1932)
Court: Supreme Court of Florida
Number:
Visitors: 7
Judges: WHITFIELD, P.J. —
Attorneys: Jones Green, for Plaintiff in Error;
Cary D. Landis, Attorney General, and Roy Campbell,
Assistant, for the State.
Filed: Oct. 05, 1932
Latest Update: Mar. 02, 2020
Summary: The information alleged "that John McGuire and John Wallace of the County of Volusia and State of Florida, on the twenty-fourth day of October, in the Year of Our Lord, one thousand nine hundred and twenty-nine, in the County and State aforesaid in and upon one M. N. Bogart an assault did then and there feloniously make and him, the said M. N. Bogart, did then and there put in bodily danger and fear of his life and then and there seventy-five dollars ($75.00), in lawful currency of the United St
Summary: The information alleged "that John McGuire and John Wallace of the County of Volusia and State of Florida, on the twenty-fourth day of October, in the Year of Our Lord, one thousand nine hundred and twenty-nine, in the County and State aforesaid in and upon one M. N. Bogart an assault did then and there feloniously make and him, the said M. N. Bogart, did then and there put in bodily danger and fear of his life and then and there seventy-five dollars ($75.00), in lawful currency of the United Sta..
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The Court should have permitted counsel for McGuire to interview the joint defendant John Wallace as a probable witness to be called for defendant McGuire. Only the clearest proof of guilt in the record against McGuire saves the judgment from reversal on such refusal alone, which error may be considered as harmless error in this case under the circumstances, it appearing that the request for interview was apparently only denied for the time being, when made.
Source: CourtListener
