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367 So. 2d 647

K. W. U. v. State

District Court of Appeal of Florida

Decided January 23, 1979

District Court of Appeal of Florida · decided 1979-01-23

Relies on 90 So. 2d 629 - Davis v. State · 262 So. 2d 253 - Lockett v. State · 214 So. 2d 653 - Douglas v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1979-01-23

How this case has been cited

Cited by 21 later decisions — most recently April 1995

21 state decisions

160197919801990decided

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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PEARSON, Judge.

¶1The controlling question presented on this appeal is whether the rule that when circumstantial evidence is relied upon to prove guilt, it must be consistent only with guilt and must exclude every reasonable hypothesis of innocence, see Davis v. State, 90 So.2d 629 (Fla.1956), and Forbes v. State, 210 So.2d 246 (Fla. 3d DCA 1968), is applicable when the only element proved by circumstantial evidence is the intent of the defendant to participate in a crime which he did not commit, but for which he is charged as an aider and abettor.

¶2We hold that the rule is applicable, and in the case of a defendant charged as an aider and abettor, the circumstantial evidence relied upon to show his intent to participate must be such as to preclude every reasonable inference that he did not intend to participate in the crime. Cf. Lockett v. State, 262 So.2d 253 (Fla. 4th DCA 1972); and Douglas v. State, 214 So.2d 653 (Fla. 3d DCA 1968).

¶3The judgment declaring K. U., a juvenile, a delinquent is reversed.

¶4Reversed.

BARKDULL, J., dissents.
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