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182 So. 2d 273

Wright v. State

District Court of Appeal of Florida

Decided February 1, 1966

District Court of Appeal of Florida · decided 1966-02-01

Relies on 90 So. 2d 629 - Davis v. State · Frank v. State · Hall v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1966-02-01

How this case has been cited

Cited by 16 later decisions — most recently January 1987

16 state decisions

80196619701980decided

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.

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BARKDULL, Judge.

¶1By this appeal, the appellant seeks review of an adverse judgment, conviction and sentence for armed robbery. The only question preserved for review is the sufficiency of the'evidence.

¶2The State relies on circumstantial evidence. There was no positive identification made, and we find from the record failure on the part of the State to make a prima facie case of robbery against the defendant, in that it did not meet the tests set forth in Hall v. State, 90 Fla. 719, 107 So. 246; Frank v. State, 121 Fla. 53, 163 So. 223; Dedge v. State, 128 Fla. 343, 174 So. 725; Rivers v. State, 140 Fla. 487, 192 So. 190; Hubbard v. State, Fla.1954, 73 So.2d 850; Davis v. State, Fla.1956, 90 So.2d 629. The evidence failed to establish beyond and to the exclusion of reasonable doubt that the appellant, and no one else, was criminally responsible for the act charged.

¶3Therefore the judgment, conviction, and sentence here under review be and is hereby reversed, with directions to discharge the appellant from the cause.

¶4Reversed and remanded with directions.

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