Higginbotham v. State
Supreme Court of Florida
A writ of error to the Circuit Court for DeSoto County; Geo. W. Whitehurst, Judge.
1Opinion of the CourtWhitfield, J.
Upon an indictment for the larceny of “one bull, one steer, one cow, of the property of Richard Windham, the plaintiff in error was convicted of the “larceny of one bull.” This conviction was reversed because the evidence related to a “cow” or to an “animal” as being the subject of the larceny charged thus showing the verdict to be not supported by the evidence adduced at the trial. Higginbotham v. State, 78 Fla. 114, 82 South. Rep. 601.
On another trial on the same indictment the defendant was found “guilty” and to a judgment of conviction on the verdict took writ of error.
A contention,…
2Cases cited1 opinion
- Higginbotham v. StateSupreme Court of Florida · 1919