¶1Because the disputed and equivocal circumstantial evidence that Davis was driving the decedent’s vehicle at the time of the fatal accident was, as a matter of law, insufficient to overcome Davis’ direct testimony on the stand and other evidence that he was a passenger, Mayo v. State, 71 So.2d 899 (Fla.1954); see McArthur v. State, 351 So.2d 972 (Fla.1977); cf. State v. Allen, 335 So.2d 823 (Fla.1976), the conviction below of manslaughter under § 316.-1931, Fla.Stat. (1983) is reversed with directions to discharge the defendant.
485 So. 2d 490
485 So.2d 490
11 Fla.L.Weekly 727
Davis v. State
District Court of Appeal of Florida
Decided March 25, 1986
District Court of Appeal of Florida · decided 1986-03-25
Relies on 351 So. 2d 972 - McArthur v. State · State v. Allen · 71 So. 2d 899 - Mayo v. State
Decided 1986-03-25