Clark v. State

The points raised on the suggestion of error were all raised and argued on the original appeal. Nevertheless we deem it advisable to respond to one of the contentions urged again on the suggestion of error. In responding to the contention made on the appeal that the evidence was not sufficient to support the verdict of guilty we used this language [39 So. (2d) 784]: “While the evidence was sufficient to sustain the verdict, we do not examine the assignment based upon a contrary contention, there having been no motion for a new trial based upon such ground.”

Counsel say they have found no…