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83 So. 2d 597

Mankowski v. State

Supreme Court of Florida

Decided November 16, 1955

Supreme Court of Florida · decided 1955-11-16

Key passage — most relied on by later courts

““The evidence leaves no room for reasonable doubt of Hopkins’ guilt. The jury could not have acquitted the defendant without disregarding their oaths. * * * Under these circumstances alleged errors in giving or refusing charges or instructions, and in the admission or rejection of testimony which do not weaken the effect of the admitted testimony or which do not reach the legality of the trial itself, should not be considered grounds for reversal.””

quoted by 1 later decision, including Wadsworth v. State

Relies on 49 So. 2d 332 - Cornelius v. State · Kelly v. State · Salters v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1955-11-16

How this case has been cited

Cited by 6 later decisions — most recently October 1972

6 state decisions

30195519601970decided

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 →

THORNAL, Justice.

¶1Appellant seeks reversal of a verdict and judgment of conviction of robbery by the Criminal Court of Record of Dade County.

¶2The assignment of errors and brief of appellant suggests six alleged errors based on the admission of certain evidence, various comments by the trial Judge and comments of the Prosecuting Attorney in his argument to the Jury. The records and briefs have been carefully considered and while we do not endorse with approval some of the comments of the trial Judge in the handling of the trial, we do not find that any harmful error justifying reversal has occurred.

¶3Our examination of the record establishes that the evidence of guilt of the appellant was clear and convincing. The alleged errors do not reach the legality of the trial itself, and in view of the conclusive nature of the evidence offered, there can be no reasonable doubt of appellant’s guilt. See Section 924.33, F.S., F.S.A.; Kelly v. State, 145 Fla. 491, 199 So. 764; Cornelius v. State, Fla. 1950, 49 So.2d 332; Salters v. State, 152 Fla. 284, 10 So.2d 809.

¶4The judgment is therefore affirmed.

DREW, C. J., and TERRELL, HOB-SON and ROBERTS, JJ., concur. THOMAS, J., agrees to conclusion. O’CONNELL, J., not participating.
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