Luttrell v. State, (1942)
Court: Supreme Court of Florida
Number:
Visitors: 7
Judges: CHAPMAN, J.:
Attorneys: Bell Bell, W.D. Bell and R.K. Bell, for appellant.
J. Tom Watson, Attorney General, Millard B. Conklin, Assistant Attorney General, and Woodrow M. Melvin, Special Assistant Attorney General, for appellee.
Filed: Jun. 12, 1942
Latest Update: Mar. 02, 2020
Summary: The appellant, John Luttrell, was informed against, tried and convicted of the crime of an assault with intent to commit rape. The trial court heard and overruled a motion for a new trial and sentenced the appellant to serve a period of seven years at hard labor in the State prison, and from this judgment and sentence an appeal has been perfected to this Court. In a motion to quash the information counsel for appellant in the lower court and here contend that the *Page 810 information: (a) fails
Summary: The appellant, John Luttrell, was informed against, tried and convicted of the crime of an assault with intent to commit rape. The trial court heard and overruled a motion for a new trial and sentenced the appellant to serve a period of seven years at hard labor in the State prison, and from this judgment and sentence an appeal has been perfected to this Court. In a motion to quash the information counsel for appellant in the lower court and here contend that the *Page 810 information: (a) fails ..
More
I concur in the statements of law in the dissenting opinion of Mr. Justice Thomas; however, I agree to the judgment of affirmance because the burden is with plaintiff in error in this Court to show reversible error. It is not presumed that error injuriously affected the substantial rights of the defendant. Section 309, Florida Criminal Code.
The wearing apparel erroneously received in evidence is not before this Court and we therefore cannot judicially determine the harmful effect of same in evidence.
Source: CourtListener
