DOWIS v. STATE

No. 74-1526.

326 So.2d 196 (1976)

Johnny Ray DOWIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 6, 1976.


Attorney(s) appearing for the Case

William M. Cobb of Sullivan & Cobb, Vero Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Robert B. Breisblatt, Asst. Atty. Gen., West Palm Beach, for appellee.


OWEN, Judge.

Appellant was charged with and convicted of breaking and entering a dwelling house with intent to commit a misdemeanor, to wit: assault and battery.

When read from the cold record, the State's evidence as to identification of appellant as the culprit can only be described as incredible. Nonetheless, if believed by the jury (as it obviously was) it was legally sufficient to establish the identity of appellant as the culprit, and thus there was...

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