Public-domain · open source
OpenJurist

270 So. 2d 388

Cobbs v. State

District Court of Appeal of Florida

Decided December 15, 1972

District Court of Appeal of Florida · decided 1972-12-15

Decided 1972-12-15

PER CURIAM.

¶1Appellant was charged by information, tried before the court without a jury, and found guilty of unlawfully and feloniously breaking and entering a building located in Dade County, Florida with intent to commit a felony, to wit: grand larceny. The building concerned was a public school. Appellant was sentenced to one year in the county jail. On this appeal, the point presented urges that the trial court erred in denying defendant’s motions for judgment of acquittal because the evidence was circumstantial and failed to exclude every reasonable hypothesis of innocence. We have examined the record and find that the evidence is only partially circumstantial, and that the proof of defendant’s guilt is clear and convincing. No reasonable hypothesis consistent with a judgment of acquittal exists.

¶2Affirmed.

/270/so2d/388 · .json · Public domain