59 SO2D 370 - Land v. State

How this case has been cited

Cited by 9 later decisions (1 by the Supreme Court) — most recently November 1983

8 state decisions

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.

¶1T. Franklin West, Milton, for appellant.

¶2Richard W. Ervin, Atty. Gen., and William A. O'Bryan, Asst. Atty. Gen., for appellee.

¶3ROBERTS, Justice.

¶4This is an appeal from a conviction of larceny of three juniper logs of a value less than $100, in which the sole question presented is the sufficiency of the evidence to sustain the conviction.

¶5The appellant's part in the taking and carrying away of the logs was fully related at the trial by one Jim Andrews, an accomplice. It is well settled in this state that the testimony of an accomplice, even though uncorroborated, is sufficient to sustain a conviction. Bacon v. State, 22 Fla. 51; Jenkins v. State, 31 Fla. 196, 12 So. 677; Caldwell & Larkins v. State, 50 Fla. 4, 39 So. 188; Samuels v. State, 123 Fla. 280, 166 So. 743; Varnum v. State, 137 Fla. 438, 188 So. 346. The jury was given full and clear instructions as to the weight to be given an accomplice's testimony and the caution with which it should be received. Moreover, there was other evidence tending to corroborate the testimony of Jim Andrews. The jury chose to believe the testimony of Jim Andrews and the other State's witnesses, rather than the appellant's version of the affair, and we are not authorized to substitute our judgment for that of the jury on the question of the credibility of witnesses.

¶6For the reasons stated, the judgment appealed from should be and it is hereby

¶7Affirmed.

¶8SEBRING, C.J., and TERRELL and MATHEWS, JJ., concur.