Legal Opinion

McCall v. State

Supreme Court of Florida

Decided August 29, 1935PublishedCited by 22 opinions

1Opinion of the CourtBuford, J.

The writ of error brings for review a judgment of conviction of murder in the second degree.

• The indictment charged the defendant with the offense of murder in the first degree as principal in the second degree. It is the second appearance of the case in this Court. See McCall v. State, 116 Fla. 179, 14 156 Sou. 325. In that case we said:

•. “The record shows conclusively that plaintiff in error, McCall, if present at all, was constructively present and that he did not actively participate in the homicide. These facts made it necessary for the State to prove beyond a reasonable doubt that the…

2Cases cited32 opinions

  1. Bessie Cannon v. State of FloridaSupreme Court of Florida · 1926
  2. People v. WellsCalifornia Supreme Court · 1893
  3. Studstill v. StateSupreme Court of Georgia · 1849
  4. Newton v. StateSupreme Court of Florida · 1884
  5. People v. MalkinNew York Court of Appeals · 1928

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

3Cited by22 opinions

  1. Pait v. StateSupreme Court of Florida · 1959
  2. Peterson v. StateDistrict Court of Appeal of Florida · 1979
  3. Thompson v. StateDistrict Court of Appeal of Florida · 1975
  4. Grant v. StateSupreme Court of Florida · 1967
  5. Carlile v. StateSupreme Court of Florida · 1937

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

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