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169 So. 2d 339

Vitiello v. State

District Court of Appeal of Florida

Decided December 1, 1964

District Court of Appeal of Florida · decided 1964-12-01

Cited by 3 later decisions — most recently July 1998

2 state decisions

Relies on McNeil v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1964-12-01

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PER CURIAM.

¶1The appellant was tried and found guilty - by a jury of the .crime of robbery. He was' adjudged guilty and sentenced to the State Prison for ten years, whereupon, this appeal was taken. The only point presented by the appellant questions the sufficiency of the evidence as to his identification.

¶2The test to be applied has been fully set forth in McNeil v. State, 104 Fla. 360, 139 So. 791, 792:

this court will as a rule not reverse a judgment based upon a verdict returned by the jury and approved by the trial judge, when there is substantial evidence to support the verdict rendered

¶3The record before us reveals a positive identification by a witness for the State of the appellant as one of the participants in the crime. The evidence is competent and substantial.

¶4Affirmed.

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