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Harrell v. State

District Court of Appeal of Florida, First District
Mar 16, 1971
245 So. 2d 302 (Fla. Dist. Ct. App. 1971)

Opinion

No. N-142.

March 16, 1971.

Appeal from the Circuit Court for Bay County, W.L. Fitzpatrick, J.

W. Fred Turner, Lynn Haven, and Bower Hayward, Panama City, for appellant.

Robert L. Shevin, Atty. Gen., and Nelson E. Bailey, Asst. Atty. Gen., for appellee.


This is an appeal from a manslaughter conviction and ten-year sentence thereon. The evidence was conflicting as to who the aggressor was in the affray which resulted in a homicide. The rule is well settled that the jury is the trier of fact and that when the jury's verdict is supported by competent substantial evidence, the appellate court will not substitute its judgment for that of the jury. Kellogg v. State, 219 So.2d 745 (Fla.App. 1969).

Numerous points have been raised by appellant, but our consideration of them fails to convince us that reversible error was committed in the trial of this cause.

Accordingly, the judgment reviewed herein must be

Affirmed.

WIGGINTON, Acting C.J., and RAWLS and SPECTOR, JJ., concur.


Summaries of

Harrell v. State

District Court of Appeal of Florida, First District
Mar 16, 1971
245 So. 2d 302 (Fla. Dist. Ct. App. 1971)
Case details for

Harrell v. State

Case Details

Full title:DEAN EVAN HARRELL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Mar 16, 1971

Citations

245 So. 2d 302 (Fla. Dist. Ct. App. 1971)

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104 So.2d 352 (Fla. 1958).Harrell v. State, 245 So.2d 302 (Fla.App. 1971). We also reject Appellant's…