Public-domain · open source
OpenJurist

194 So. 2d 306

Harrell v. State

District Court of Appeal of Florida

Decided January 31, 1967

District Court of Appeal of Florida · decided 1967-01-31

Relies on 171 So. 2d 893 - State v. Sebastian · State v. Trafficante

Good law ✅— No negative treatment on recordhow we know

Decided 1967-01-31

How this case has been cited

Cited by 6 later decisions — most recently July 1995

6 state decisions

301967197019801990decided

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.

View the full empirical analysis of this case →

FRANCIS X. KNUCK, Associate Judge.

¶1The appellant was the defendant in the Criminal Court of Record. He was charged with “assault with intent to commit murder in the first degree with a firearm.” A second charge was for unlawful possession of a firearm by a convicted felon. Both charges are felonies.

¶2The two charges were consolidated in one jury trial, and at the conclusion of the State’s case, the court reduced the charge of assault with intent to commit murder in the first degree to the felony charge of aggravated assault.

¶3At the conclusion of the defendant’s case, the court denied his motion for a directed verdict. The jury found the defendant guilty of assault and battery, a misdemean- or, and guilty of “possession of a firearm by a convicted felon”, a felony.

¶4The appellant contests the sufficiency of the evidence to support the felony conviction, in that only one witness testified that he saw the gun in the appellant’s hand during a fight and just before the gun was fired into the ceiling of a bar.

¶5The appellant argues further that since the jury found the appellant guilty of assault and battery, a misdemeanor, the jury disregarded the testimony of the State’s *307eye-witness, and that the court committed error when it did not direct a verdict, or grant a new trial, on the felony conviction.

¶6We find that the sufficiency of one eye-witness has been answered in the case of State v. Sebastian, Fla.1965, 171 So.2d 893, 895.

¶7In State v. Trafficante, Fla.App.1961, 136 So.2d 264, 268, the question of inconsistency is clearly resolved. In that case the court stated the rule that even though a verdict might have been the result of a compromise or a mistake on the part of the jury, that verdict cannot be upset by speculation or inquiry into such matters.

¶8Affirmed.

/194/so2d/306 · .json · Public domain