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332 So. 2d 643

J. Y. v. State

District Court of Appeal of Florida · decided 1976-05-25

Key passage — most relied on by later courts

“In examining a record to determine if there is sufficient evidence to support the conclusion of the trier of fact, an appellate court need only find substantial, competent evidence to support the conclusion.”

quoted by 1 later decision, including I.L. v. State

“The question of self-defense is ordinarily one of fact to be determined by the trier of fact”

quoted by 1 later decision, including 359 So. 2d 28 - Holland v. State

Relies on Crum v. State · Tige Scholl v. State of Florida · Hoover v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1976-05-25

How this case has been cited

Cited by 9 later decisions — most recently February 2018

9 state decisions

5019761980199020002010decided

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 →

PER CURIAM.

¶1Appellant, a 17-year-old child, was charged, in a petition for delinquency, with assault with intent to commit murder. He was tried in the juvenile court, adjudicated delinquent and sentenced to probation with the condition that he complete the Boys Town program.

¶2This case stems from an incident which occurred when the victim who had been drinking beer with friends, placed two beer cans on the top of the appellant’s mother’s car as a joke in order to annoy her. The appellant arrived home, saw the cans, and an altercation ensued, resulting in fist-fighting and kicking. The fighting stopped and the appellant went into his house. When he came out a few minutes later, the fight resumed and the appellant stabbed the victim with a knife he obtained in the house, inflicting a serious wound.

¶3In this appeal, the appellant contends that the trial court erred in denying his motion for new trial where the evidence as a matter of law established self defense. We do not agree.

¶4*644The question of self defense is ordinarily one of fact to be determined by the trier of fact. Scholl v. State, 1927, 94 Fla. 1138, 115 So. 43; Turner v. State, Fla.App.1974, 298 So.2d 559. The findings of the trier of fact are presumed correct, and the appellate court will not sit as a second trier of fact. Hoover v. State, Fla.App.1968, 212 So.2d 95. In examining a record to determine if there is sufficient evidence to support the conclusion of the trier of fact, an appellate court need only find substantial, competent evidence to support the conclusion. Crum v. State, Fla.App.1965, 172 So.2d 24, 25. The adjudication of delinquency having arrived in this court with a presumption of correctness, all inferences to be drawn from the evidence are to be in favor of the adjudication of delinquency. Crum v. State, supra. Our review of the record demonstrates that there was competent substantial evidence to support the adjudication of delinquency.

¶5Affirmed.

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