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103 Fla. 1198

140 So 193

Jones v. State

Supreme Court of Florida

Decided March 10, 1931

Supreme Court of Florida · decided 1931-03-10

Relies on Armstrong v. State · Fuller v. State

Decided 1931-03-10

¶1 On Rehearing.

¶2 Vacating Former Judgment.

Per Curiam.

¶3 Upon consideration of the record, argument, and briefs of counsel in this cause we have reached *1199 the conclusion that the probative force of the evidence is such that right and justice demand a new trial.

¶4 The judgment of affirmance heretofore entered is accordingly set aside and the judgment below is reversed and a new trial awarded. Fuller vs. State, 92 Fla. 873, 110 So. 528; Armstrong vs. State, 30 Fla. 170, 11 So. 698, 17 L. R. A. 484; Howell vs. State, decided this date.

¶5 Wi-iitfield, Terrell and Brown, J.J., concur.

¶6 Buford, O.J., dissents.

¶7 Ellis, J., not participating.

¶8 Davis, J., disqualified.

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