Wallace v. State

Citations

• 76 Fla. 175
• 79 So. 634

Syllabus

<p>1. Upon a charge of larceny where there is conflict in the • evidence as to the intent with which the property was taken, or it is of such a character as to legitimately authorize an inference of a felonious purpose, then the matter should be submitted to the Jury without any intimation from the Trial Court as to the force of presumptions of fact arising from any portion of the testimony.</p> <p>2. In cases of larceny the question of the intent with which the accused took the porperty, with the theft of which he is charged, is primarily one of fact to be decided by the Jury, subject to review by the Court.</p> <p>3. Where there is 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 influenced by considerations outside the evidence, this Court will not disturb the verdict.</p>