DAVIS v. STATE


87 So.2d 416 (1956)

Alvin Charles DAVIS, alias Charles E. Burns, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida. Special Division B.

Rehearing Denied May 31, 1956.


Attorney(s) appearing for the Case

Joseph A. Varon, Hollywood, and Ray Sandstrom, Lakeland, for appellant.

Richard W. Ervin, Atty. Gen., and David U. Tumin, Asst. Atty. Gen., for appellee.


THOMAS, Justice.

The appellant was convicted of breaking and entering with intent to commit a misdemeanor.

We have read the evidence in this case and judging it by the rule that circumstantial evidence in order to support a conviction must not only be consistent with guilt but also inconsistent with innocence, we decide that it meets the test and that there is no occasion to interfere with the judgment on that account.

The appellant asserts that the...

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