Drayton v. State

Citations

• 78 Fla. 254
• 82 So. 801

Syllabus

<p>1. In a criminal prosecution at the close of the State’s case counsel for defendant filed a demeurrer to the evidence admitting no facts upon the record, but simply averring that no proof had been offered of certain material allegations of the indictment. There was no' joinder on demurrer. Held, that the proper procedure would have been to strike or disregard the demurrer; but since the question sought to be raised was not presented in such a way that defendant wp.s entitled to have it considered the order overruling the demurrer cannot be said to be harmful.</p> <p>2 It is well settled that a defendant is not entitled as of right to an instruction to the jury to return a verdict of not guilty.</p> <p>3. Where there is some substantial competent evidence of all the facts legally essential to support the verdict and there is nothing in the record to indicate that the jury were not governed by the evidence a refusal of the trial court to grant a new trial ’on the ground of the insufficiency of the evidence will not be disturbed by the appeellate court.</p>