Bird v. State
Supreme Court of Florida
This case was decided by Division A. Writ of error to the Circuit Court for Jefferson county. Statement. At the spring term, 1904, of the Circuit Court of Jefferson county the plaintiff in error was tried and convicted of the larceny of a bull of the value of seven dollars of the property of Turner Sauls, and was sentenced to the State Prison for two years, which sentence and judgment the plaintiff in error seeks to reverse in this court.
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This case was decided by Division A. Writ of error to the Circuit Court for Jefferson county. Statement. At the spring term, 1904, of the Circuit Court of Jefferson county the plaintiff in error was tried and convicted of the larceny of a bull of the value of seven dollars of the property of Turner Sauls, and was sentenced to the State Prison for two years, which sentence and judgment the plaintiff in error seeks to reverse in this court. A motion for a new trial was made on the grounds that the verdict was contrary to the evidence and weight of evidence, contrary to law and to the charge of…
1Opinion of the Court
Hocker, J.,
(after stating the facts). — In considering the evidence in this case we can discover no substantial difference in probative effect between it and the evidence in Dean v. State, 41 Fla. 291, 26 South. Rep. 638. In both cases the animals were taken openly in the daylight under claim of ownership — in the Dean case in the presence of several witnesses — -in this case in the presence of at least one witness. In both cases they were led to the defendants home, along the public highway. In each case several witnesses swear that the animals belonged to the defendants and that they had…
2Cases cited2 opinions
- Long v. StateSupreme Court of Florida · 1902
- Dean v. StateSupreme Court of Florida · 1899
3Cited by6 opinions
- Bass v. StateSupreme Court of Florida · 1909
- Wallace v. StateSupreme Court of Florida · 1918
- Phoenix Assurance Co. v. EppsteinSupreme Court of Florida · 1917
- Cooper v. StateSupreme Court of Florida · 1921
- Jarvis v. StateSupreme Court of Florida · 1917
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