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Hodella v. State

Ruby Jean Hodella v. State of Florida

Hodella v. State, 27 So. 2d 674 (Fla. 1946)
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Court
Supreme Court of Florida · State Highest Courts
Decided
November 1, 1946
Judges
Buford, Chapman, Brown, Barns
Citations
27 So. 2d 674158 Fla. 941946 Fla. LEXIS 483
Cited by 6

Opinion of the Court — Buford

BUFORD, J.:

Appellant being informed against for the crime of murder in the second degree, was convicted of manslaughter and perfected her appeal to this court.

The burden of appellant’s contention is that the evidence showed that the appellant was either guilty of murder in the first degree or guilty of nothing more than justifiable homicide.

We entertain the view that the evidence was sufficient to have sustained a conviction of murder in the first degree and it, therefore, was sufficient to sustain a conviction of any lesser degree of unlawful homicide. See Ammons v. State, 88 Fla. 444 , 102 So. 642 ; Morrison v. State, 42 Fla. 149 , 28 So. 97 ; Owens v. State, 65 Fla. 483 , 62 So. 651 ; Stone v. State, 57 Fla. 28 , 48 So. 996 ; Dedge v. State, 68 Fla. 240 , 67 So. 43 ; Johnson v. State, 24 Fla. 162 , 4 So. 535 , approved and distinguished in Marshall v. State, 32 Fla. 462 , 14 So. 92 ; Brown v. State, 31 Fla. 207 , 12 So. 640 .

No reversible error being made to appear, the judgment is affirmed.

So ordered.

CHAPMAN, C. J., BROWN, J., and BARNS, Circuit Judge, concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 6 cases

View all citing references →
1957: 11968: 31971: 11976: 119572026peak 1968 · 3

Relies on it most ⓘ

  1. Killen v. State92 So. 2d 825 (Fla. 1957)
  2. Smith v. State217 So. 2d 359 (Fla. Dist. Ct. App. 1968)
  3. Baker v. State254 So. 2d 25 (Fla. Dist. Ct. App. 1971)
  4. Brown v. State206 So. 2d 377 (Fla. 1968)
  5. Coppolino v. State223 So. 2d 68 (Fla. Dist. Ct. App. 1968)
  6. Robinson v. State338 So. 2d 1309 (Fla. Dist. Ct. App. 1976)

Most recent

  1. Robinson v. State338 So. 2d 1309 (Fla. Dist. Ct. App. 1976)
  2. Baker v. State254 So. 2d 25 (Fla. Dist. Ct. App. 1971)
  3. Smith v. State217 So. 2d 359 (Fla. Dist. Ct. App. 1968)
  4. Coppolino v. State223 So. 2d 68 (Fla. Dist. Ct. App. 1968)
  5. Brown v. State206 So. 2d 377 (Fla. 1968)
  6. Killen v. State92 So. 2d 825 (Fla. 1957)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 8

DepthCaseCited by
Owens v. State, 62 So. 651 (Fla. 1913) 22
Ammons v. State, 102 So. 642 (Fla. 1924) 19
Dedge v. State, 67 So. 43 (Fla. 1914) 14
Morrison v. State, 42 Fla. 149 (1900) 32
Johnson v. State, 24 Fla. 162 (1888) 19
Brown v. State, 31 Fla. 207 (1893) 19
Marshall v. State, 32 Fla. 462 (1893) 19
Stone v. State, 57 Fla. 28 (1909) 4

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