DAVIS v. STATE

No. 82-260.

425 So.2d 654 (1983)

Charles Sheppard DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 26, 1983.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Michael B. Jones, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Richard B. Martell, Asst. Atty. Gen., Daytona Beach, for appellee.


ORFINGER, Chief Judge.

The trial judge did not err in denying appellant's motion for judgment of acquittal because there was competent evidence identifying appellant as the perpetrator of the crime charged. The fact that the evidence is in conflict does not entitle appellant to a judgment of acquittal because the weight of the evidence and the credibility of the witnesses is for the jury. Tibbs v. State,

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