Public-domain · open source
OpenJurist

425 So. 2d 654

Docket No. 82-260.

Davis v. State

Charles Sheppard DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided January 26, 1983.

District Court of Appeal of Florida · decided 1983-01-26

Relies on 397 So. 2d 1120 - Tibbs v. State · 400 So. 2d 504 - Streeter v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1983-01-26

How this case has been cited

Cited by 7 later decisions — most recently April 2007

7 state decisions

30198319902000decided

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 →

¶1James B. Gibson, Public Defender, and Michael B. Jones, Asst. Public Defender, Daytona Beach, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee, and Richard B. Martell, Asst. Atty. Gen., Daytona Beach, for appellee.

¶3*655 ORFINGER, Chief Judge.

¶4The trial judge did not err in denying appellant's motion for judgment of acquittal because there was competent evidence identifying appellant as the perpetrator of the crime charged. The fact that the evidence is in conflict does not entitle appellant to a judgment of acquittal because the weight of the evidence and the credibility of the witnesses is for the jury. Tibbs v. State,397 So.2d 1120 (Fla. 1981); Streeter v. State,400 So.2d 504 (Fla. 5th DCA 1981). Error, if any, in rejecting the deposition testimony of a witness to contradict the witness' testimony at trial is harmless, because the witness testified to substantially what the deposition testimony would have shown. The judgment of conviction is

¶5AFFIRMED.

¶6FRANK D. UPCHURCH, Jr., and SHARP, JJ., concur.

/425/so2d/654 · .json · Public domain