(DOWNLOAD) "Russell S. Chaudoin v. State Florida" by Second District Court of Appeal of Florida " eBook PDF Kindle ePub Free
eBook details
- Title: Russell S. Chaudoin v. State Florida
- Author : Second District Court of Appeal of Florida
- Release Date : January 19, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Appellant contends that the evidence is insufficient to sustain the allegations of the information and his conviction, because the information charges that appellant "did wilfully and maliciously break down a part of a fence, to-wit: the gate thereof, belonging to and enclosing the land of another", while the evidence showed that the gate in question was broken down by being rammed by an automobile driven by one "Punch" Beck at a time when said appellant and others were standing outside the automobile in the vicinity of the gate. On this point, it should be noted that there was ample evidence to establish the fact that appellant was actually present at the time and place of the commission of the felony charged in the information and that he assented to it by counseling with and encouraging the actual perpetrator of the offense by aiding and assisting in the earlier attempts to force open the gate. Furthermore, the appellant immediately entered through the gate after it was broken down and was a party to the hunting expedition within the enclosure along with the actual perpetrator and his other companions. Appellant clearly was a principal in the second degree. The fact that he was charged as a principal in the first degree and the evidence proved him to be a principal in the second degree presents no problem and is not cause for reversal.
 "Russell S. Chaudoin v. State Florida" by Second District Court of Appeal of Florida " eBook PDF Kindle ePub Free){kind=link}