FRANCIS v. STATE


58 So.2d 872 (1951)

FRANCIS v. STATE.

Supreme Court of Florida, en Banc.

On Rehearing May 20, 1952.

Further Rehearing Denied July 7, 1952.


Attorney(s) appearing for the Case

George S. Okell, Miami, for appellant.

Richard W. Ervin, Atty. Gen., Phillip Goldman and Leonard Pepper, Asst. Attys. Gen., Glenn C. Mincer, State Atty., and Harvie S. Duval, Asst. State Atty., Miami, for appellee.


TERRELL, Justice.

Appellant was indicted and tried for murder in the first degree and convicted of manslaughter. The evidence was entirely circumstantial. When the State relies on circumstantial evidence, the circumstances, when taken together, must be of a conclusive nature and tendency, leading on the whole to a reasonable and moral certainty that the accused and no one else committed the offense charged. It is not sufficient that the facts create a strong probability...

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