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Carnley v. State, (1940)

Court: Supreme Court of Florida Number:  Visitors: 15
Judges: CHAPMAN, J.
Attorneys: J. McHenry Jones and J. Montrose Edrehi, for Plaintiff in Error; George Couper Gibbs, Attorney General, and William Fisher, Jr., Assistant Attorney General, for Defendant in Error.
Filed: Jul. 16, 1940
Latest Update: Mar. 02, 2020
Summary: The plaintiff in error, Ed Carnley, was informed against in the Court of Record of Escambia County, Florida, by the County Solicitor of Escambia County, for stealing five hogs, the property of Henry C. Barnes. He was arraigned and entered a plea of not guilty; was placed upon trial and by a jury of Escambia County found guilty as charged and by the trial court sentenced to the State prison at hard labor for a period of three years. The plantfiff in error, hereinafter referred to as the defendant
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When all the evidence in this case is considered — and it would take considerable time and space to review it all, I do not think the State bore the burden which rested upon it to prove that the defendant had any intention to steal when he put those stray shoats in his pen after they had been breaking through his fence and depredating in his peach orchard for about three weeks. Shortly after he did this, the owner, with a constable, came along inquiring about his stray hogs, and the defendant told them he had some hogs in his pen that he, the defendant, did not own, and that if they were Barnes' hogs, he could have them. Barnes and the officer went down to the pen and identified them as his, and they were delivered *Page 761 to him. Furthermore, the court should, in my opinion, have charged the jury upon the effect of proof of good character.

I think the motion for new trial should have been granted.

Source:  CourtListener

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