Legal Opinion

Johnson v. State

District Court of Appeal of Florida

Decided July 27, 1967No. 1067PublishedCited by 6 opinions

1Opinion of the Court

WALDEN, Chief Judge.

Defendant was convicted of the second degree murder of his wife. He appeals, contending that the corpus delicti was. not established. More particularly, he raises a single point, namely: “Whether the identity of the deceased as the person named in the indictment was established beyond a reasonable doubt?”

We are persuaded after assessment that the question must be answered in the negative and the judgment appealed must be reversed.

As a preface, the case of Freeman v. State, Fla.App.1958, 101 So.2d 887, 888 *493gives us the definition and application of the term corpus delicti…

2Cases cited7 opinions

  1. Lee v. StateSupreme Court of Florida · 1928
  2. People v. SmithCalifornia Court of Appeal · 1921
  3. Hulst v. StateSupreme Court of Florida · 1936
  4. Deiterle v. StateSupreme Court of Florida · 1931
  5. Freeman v. StateDistrict Court of Appeal of Florida · 1958

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Raulerson v. StateSupreme Court of Florida · 1978
  2. Terzado v. StateDistrict Court of Appeal of Florida · 1970
  3. Trowell v. StateDistrict Court of Appeal of Florida · 1973
  4. United States v. Julian Eugene KennedyCourt of Appeals for the Fifth Circuit · 1974
  5. Murphy v. StateDistrict Court of Appeal of Florida · 1970

1 more not listed; retrieve them via the Exa API.

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