Simmons v. State

I think the conclusion reached .is a departure from our ruling in cases viz: Walker v. State, 82 Fla. 465, 90 So. 376, where we held that “or the lack of evidence,” while subject to criticism, was not reversible error; Vasque v. State, 54 Fla. 127, 44 So. 739, where the words “or the lack of evidence” was not’ground for reversal. The rule was reaffirmed by this Court in Bennet v. State, 127 Fla. 759, 173 So. 817; reaffirmed in Kimball v. State, 134 Fla. 849, 184 So. 847., In State v. Anderson, 209 Iowa 510, 228 N.W. 353, 67 A.L.R. 1366, the cited cases hold that two states — Mississippi and…