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Revels v. State

A. J. Revels, in Error v. The State of Florida, in Error

Revels v. State, 62 Fla. 83 (1911)
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Court
Supreme Court of Florida · State Highest Courts
Decided
June 15, 1911
Judges
Cockrell, Hocker, Parkhill, Shackleford, Taylor, Whitfield
Citations
62 Fla. 83
Headnotes
1. In treating an assignment of error based, upon the overruling of the motion for a new trial, an appellate court will consider only such grounds of the motion as are argued before it. 2. In a prosecution for uttering a forged instrument, it is not required in order to warrant a conviction, that the evidence establish that injury should have resulted to any one therefrom ; the intent to defraud is the essence of the crime.
Summary
This case was decided by Division A. Writ of error to the Criminal Court of Becord for Suwannee County. The facts in the case are stated in the opinion of the court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Shackleford

Text extracted by OCR from a scanned original; check the original for exact wording.

Shackleford, J.

— The plaintiff in error was tried and convicted of uttering a forged instrument, and seeks relief here by writ of error. The only assignment argued is the one based upon the overruling of the motion for a *84 new trial, and the only grounds of such motion insisted upon are those which question the sufficiency of the evi-i dence to support the verdict. We confine ourselves to the consideration of the grounds argued. Johnson v. State, 55 Fla. 41 , 46 South. Rep. 174 .

It would be a profitless task to attempt to set out the evidence or even to give a synopsis of it. It is sufficient to say that we have given the- same a careful examination, and are of the opinion that it is amply sufficient to support the verdict. In fact, the plaintiff in error prác tically admits in his own testimony that he uttered a forged instrument, but it is contended that, since no one was actually defrauded thereby, the elements of the crime charged were not proven, therefore the conviction was not warranted. This contention is untenable. Hawkins v. State, 28 Fla. 363 , 9 South. Rep. 652 . Also see King v. State, 43 Fla. 211 , 31 South. Rep. 254 .

The judgment must be affirmed.

Whitfield, C. J., and Cockrell, J., concur; Taylor, Hocker and Parkhill, J. J., concur in the opinion.

How later courts describe this case

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

1912: 11913: 11914: 11920: 11981: 119122026peak 1912 · 1

Relies on it most ⓘ

  1. Blackwell v. State86 So. 224 (Fla. 1920)
  2. Smith v. State61 So. 120 (Fla. 1913)
  3. Revels v. State64 Fla. 432 (1912)
  4. Williams v. State66 So. 424 (Fla. 1914)
  5. H. L. A. v. State395 So. 2d 250 (Fla. Dist. Ct. App. 1981)

Most recent

  1. H. L. A. v. State395 So. 2d 250 (Fla. Dist. Ct. App. 1981)
  2. Blackwell v. State86 So. 224 (Fla. 1920)
  3. Williams v. State66 So. 424 (Fla. 1914)
  4. Smith v. State61 So. 120 (Fla. 1913)
  5. Revels v. State64 Fla. 432 (1912)

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 3

DepthCaseCited by
King v. State, 43 Fla. 211 (1901) 27
Johnson v. State, 55 Fla. 41 (1908) 15
Hawkins v. State, 28 Fla. 363 (1891) 7

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