Judges: ADAMS, J.:
Attorneys: Akerman, Wallace Akerman, Alex Akerman, Jr., G. Beverly McEwen, for appellants.
J. Tom Watson, Attorney General, and Reeves Bowen, Assistant Attorney General, for appellee.
Filed: Jan. 17, 1947
Latest Update: Mar. 02, 2020
Summary: Appellants were convicted of entering without breaking with intent to commit a felony, to-wit — grand larceny and were sentenced to imprisonment for five years and to pay the costs which were taxed at $71.43, or in default of the payment to serve an additional thirty days. One question presented on this appeal is whether the sentence is legal. It is submitted that the judgment must be reversed under authority of Howell v. State, 136 Fla. 582 , 187 So. 163 . By authority of Sec. 775.06 Fla. Stat.
Summary: Appellants were convicted of entering without breaking with intent to commit a felony, to-wit — grand larceny and were sentenced to imprisonment for five years and to pay the costs which were taxed at $71.43, or in default of the payment to serve an additional thirty days. One question presented on this appeal is whether the sentence is legal. It is submitted that the judgment must be reversed under authority of Howell v. State, 136 Fla. 582 , 187 So. 163 . By authority of Sec. 775.06 Fla. Stat. ..
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The evidence as to defendants, Carlton and Stocks is all circumstantial, except the evidence of their declarations and admissions. These two defendants were quoted as saying unequivocally that they were with Williams all of the time, from late in the evening of the night upon which the burglary must have occurred, until all three were taken into custody. This, taken with the circumstantial evidence, seems to me to warrant the jury in finding beyond a reasonable doubt that they were participants in the burglary, since the evidence that Williams was a participant is overwhelming.
So I concur in the opinion of Mr. Justice ADAMS.
