118 Fla. 1 - Thomas v. State

How this case has been cited

Cited by 20 later decisions — most recently March 2010

5 federal appellate · 13 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Per Curiam.

¶1 In this case the plaintiff was convicted of the crime of assault with intent to commit rape.

¶2 ' After a full and fair consideration of the evidence as shown by the record here the majority of this Court are of the opinion that justice demands a reversal of the judgment because the evidence upon which the State relied for conviction is so unsubstantial and unsatisfactory as to have left the jury to grope in the realm of guess work and speculation to return a verdict against the defendant, and, therefore, on authority of the opinions and judgments in the cases of McNeil v. State, 104 Fla. 360, 139 Sou. 791, and Smith v. State, 101 Fla. 1066, 132 Sou. 840, and cases there *2 cited, the judgment is reversed and the cause remanded for new trial.

¶3 So ordered.

Whitfield, C. J., and Ellis, Terrell, Brown, Buford, and Davis, J. J., concur.