JACOBS v. STATE

No. 71-415.

268 So.2d 548 (1972)

Allen Stanley JACOBS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 6, 1972.


Attorney(s) appearing for the Case

Bruce Lawrence Scheiner, Fort Myers, for appellant.

Robert L. Shevin, Atty. Gen., and A.S. Johnston, Asst. Atty. Gen., Tallahassee, and David Luther Woodward, Asst. Atty. Gen., Tampa, for appellee.


HOBSON, Judge.

Appellant was found guilty on an information charging him with uttering a forged instrument. After entry of judgment and sentence appellant appealed.

The State's proof of guilt was based upon circumstantial evidence. It has been long established in the State of Florida that in criminal prosecutions where circumstantial evidence is relied on for proof of guilt, such evidence must not only be consistent with defendant's guilt, but it must be inconsistent...

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