51 Fla. 51 | Fla. | 1906
On the 11th day of July, A. D. 1905, the County Solicitor in and for Orange county filed an information in the Criminal Court of Record of that county against the plaintiff in error, Ross Lamps, who will hereafter be called the defendant.
The defendant was charged with the crime of breaking and entering in the night time the dwelling house of one Mrs. J. K. Duke with intent to commit a felony, to-wit: the larceny of forty-two dollars belonging to one Miss M. Jordan.
All assignments of error have been expressly abandoned except this one: That the court erred in not setting aside the verdict and granting the defendant a new trial, for the reason that the verdict of the jury was contrary to the evidence.
The evidence showed beyond question, and it is admitted in brief of plaintiff in error, that the dwelling house ' of Mrs. Duke was broken and entered Sunday night, June. 25, 1905, by some one, who committed the larceny of forty-two dollars, the property of Miss Jordan, in Orlando, Orange County, Florida.
The only question before us is whether the evidence is sufficient to sustain the verdict of the jury to the effect that the defendant is guilty of this offence. The evidence touching the guilt óf the defendant may be stated briefly as follows: Miss Jordan occupied a back room up stairs m the house of Mrs. Duke. Just before Miss Jordan went to bed that Sunday night in June, she closed the blinds of a window of this room, by pulling them together, but did not “fasten the catches on the blinds.” The lower window sash was raised as far up as it could go. Immediately under this window was another window which had, over the top of it, what was called by the witnesses, an “upper window sill or window coping,” which projected out from the wall about four inches. The back porch did not extend across the room occupied by Miss Jordan, but the west end of this porch was not over two and a half feet from the east side of the window
Carter testified: “Upon that information I began to watch for what was going on among certain classes, and I found in the pool room one fellow playing there, and T went back that evening and I found him still playing pool. The next day I went back and he was still in there playing pool; that was on Tuesday; and on Wednesday I went back again and he was still playing, and I stopped then outside the pool room, in a little alley and waited for him to come out. It was about two minutes before he came out; several of them came along at the time,- and when Ross (the defendant) got opposite me I grabbed him by the collar and from behind. He struggled to get away from me, and finally I had to pull my
A. B. Brooks who managed the pool room for Metcalf, testified that on the evening before the defendant was airested “he pulled out a one dollar bill, and he had some more greenbacks.” Brooks gave the defendant change for the bill.
W. E. Gore testified that the defendant owed him six dollars for a year and a half or two years, and that the defendant worked for him from April to June 10th, 1905, during which time Gore deducted the six dollars from the wages of the defendant. Gore said: “I would take out just a little all the time so he would have something left and the last week he asked me: 'Don’t take it all out, that’s a little hard on me.’ ”
The defendent did not testify in his own behalf.
The defendant’s evidence is stated in the brief of plaintiff in error as follows: “The defendant showed by Waters Howe that in the winter or spring he brought small money into the bank and had it changed into a large bill. The testimony of Mrs. J. K. Duke was that during the winter she paid him four dollars a week and for two weeks five dollars and that the boarders gave him tips besides. The witness Harper testified that the defendant worked for him from September until December, 1901, and during that time he paid the defendant fifty-seven
When there is evidence legally sufficient to support a verdict this court will not reverse a ruling of the trial court refusing a new trial on the ground of insufficient evidence, even though there be conflicts in the evidence, unless the preponderance is such that the jury must have been improperly influenced to render verdict. Harrison v. State, 39 Fla. 514, 22 South. Rep. 747; Doyle v. State, 39 Fla. 155, 22 South. Rep. 272; Teal v. State, 43 Fla. 580, 31 South. Rep. 282; Green v. State, 17 Fla. 669; Dickens v. State, 50 Fla. 17, 38 South. Rep. 909.
In the case we are considering there is no conflict in the evidence on the main points of the case. There is no doubt, no denial, that thirty-six dollars, one twenty dollar bill and three five dollar bills and one one dollar were traced to the possession of the defendant “soon after” Miss Jordan’s forty-two dollars were'stolen. If the jury were satisfied beyond a reasonable doubt that this money found in the possession of defendant, or any part of it, was Miss Jordan’s money, then the jury could infer from that fact that the defendant stole the money, unless he gave a reasonable and credible account of how he came into possession of it. Neither the defendant, nor his witnesses gave any account of how he came to have the particular bills traced to his possession; but, in a general way, left the jury to infer that this sum of money was the accumulation of months, or years.
We think the evidence of the defendant’s possession of the money, his presence near the house of Mrs. Duke the night of the commission of the crime, his attempt to flee when he was arrested, his knowledge of the arrangement of the house, room and porch, taken together with
The defendant was ably defended and had a fair and impartial trial by a competent jury and a learned judge. We can not disturb the’verdict of this jury or overrule the action of this judge on the testimony as we read it.
Judgment affirmed.