McClellan v. State, 63 So. 419 (Fla. 1913). · Go Syfert
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McClellan v. State, 63 So. 419 (Fla. 1913). Cases Citing This Book View Copy Cite
30 citation events (1 in the last 25 years) across 2 distinct courts.
Strongest positive: Fogarty v. State of Florida (fladistctapp, 2024-12-18)
Treatment trajectory · 1915 → 2026 · click a year to view as-of
1915 1970 2026
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see, e.g." Fogarty v. State of Florida
Fla. Dist. Ct. App. · 2024 · signal: see also · confidence medium
See Baugh v. State, 961 So. 2d 198 , 203–04 (Fla. 2007) (stating the “well established” rule that a judgment of acquittal is required if the State fails “to present a 8 prima facie case” as to “each and every element of the offense charged” (internal quotation and citation omitted)); Scott v. State, 389 So. 3d 672 , 675−77 (Fla. 1st DCA Mar. 6, 2024) (Tanenbaum, J., concurring) (discussing quantitative and qualitative components of evidence sufficiency); see also McClellan v. State, 63 So. 419, 419 (Fla. 1913) (“[W]here there is some substantial competent evidence of all the …
Retrieving the full opinion text from the archive…
Jack McClellan, in Error
v.
The State of Florida, in Error
Supreme Court of Florida.
Oct 28, 1913.
63 So. 419
Thos. E. Walicer, Amos E. Lewis and Avery & Price, for Plaintiff in error;, T. F. West, Attorney-General, and O. O. Andrews, Assistant, for the State.
Cockrell, Hocker, Shackleford, Taylor, Whitfield.
Cited by 16 opinions  |  Published
Whitfield, J.

Plaintiff in error was indicted for an assault with intent to commit murder in the first degree and convicted of an assault with intent to commit murder in the second degree. The only question he presents on this writ of error taken by him is whether the evidence is legally sufficient to support the verdict, the judgment being in accord with the verdict.

While the legal effect of evidence or the lack of evidence in its relation to a verdict rendered in a trial, may by appropriate proceedings be reviewed by an appellate court, yet conflicts in competent testimony, the weight of legal evidence and the credibility of competent witnesses are primarily for the determination of the jury; and where there is some substantial competent evidence of all the facts legally essential to support the verdict, and there is nothing in the record to indicate that the jury were not governed by the evidence, a refusal of the trial court to grant a new; trial on the ground of the insufficiency of the evidence to sustain the verdict will not be disturbed by the appellate court. McDonald v. State 56 Fla. 74, 47 South. Rep. 485; Posey v. State, 58 Fla. 92, 50 South. Rep. 530; Teal v. State, 43 Fla. 580, 31 South. Rep. 282; Strobhar v. State, 55 Fla. 167, 47 South. Rep. 4; Tatum v. State, 49 Fla. 67, 38 South. Rep. 601.,

There is substantial competent testimony that the defendant below assaulted and with a knife cut the[*217] prosecuting witness in a number of places on his person, under such circumstances that if death had resulted therefrom, it would have constituted murder at least in the second degree. This being so a verdict of assault with intent to commit murder in the second degree may lawfully have been found, and such a verdict having been found by the jury and approved by the trial court, it will not be disturbed here. Pyke v. State, 47 Fla. 93, 36 South. Rep. 577; Harmon v. State, 48 Fla. 44, 37 South. Rep. 520; Revels v. State, 33 Fla. 308, 14 South. Rep. 821.

The judgment is affirmed.

Shackleford, C. J., and Taylor, Cockrell and Hocker, J. J., concur.