Legal Opinion · Concurrence

Hogwood v. State

District Court of Appeal of Florida

Decided June 8, 1965No. 64-810Published

1ConcurrenceCarroll, Judge

I concur in the majority judgment of affirmance, but on a different ground. I would affirm on authority of the long line of decisions of the Florida Supreme Court holding that on appeal from a judgment of conviction, where there has been no motion for a new trial, the appellant is not entitled to a ruling by the appellate court on the sufficiency of the evidence. See Dupuis v. Thompson, 16 Fla. 69, 73 (1877); Davis v. State, 47 Fla. 26, 36 So. 170 (1904); Johnson v. State, 53 Fla. 42, 43 So. 430 (1907); Gilbert v. State, 58 Fla. 50, 50 So. 535 (1909); Baxley v. State, 72 Fla. 228, 72 So. 677…

2Cases cited7 opinions

  1. Dupuis v. ThompsonSupreme Court of Florida · 1877
  2. Baxley v. StateSupreme Court of Florida · 1916
  3. Johnson v. StateSupreme Court of Florida · 1907
  4. Davis v. StateSupreme Court of Florida · 1904
  5. Gilbert v. StateSupreme Court of Florida · 1941

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