221 So. 2d 216

Calvin Raye SMITH, Appellant, v. The STATE of Florida, Appellee.

No. 68-858.

District Court of Appeal of Florida. Third District.

April 8, 1969.

Robert L. Koeppel, Public Defender, and Thomas B. Calhoun, Special Asst. Public Defender, for appellant.

Earl Faircloth, Atty. Gen., and Melvin Grossman, Asst. Atty. Gen., for appellee.

Before CHARLES CARROLL, C. J., and PEARSON and HENDRY, JJ.

*217PER CURIAM.

The only question presented on this appeal is the sufficiency of the evidence as to the identity of the defendant-appellant. It is clear that where positive identification is made by one having an opportunity to observe the crime, an appellate court will not substitute its judgment as to the sufficiency of the identification. See Wright v. State, Fla.App.1966, 182 So.2d 264, and authorities cited therein.

Affirmed.

Smith v. State
221 So. 2d 216

Case Details

Name
Smith v. State
Decision Date
Apr 8, 1969
Citations

221 So. 2d 216

Jurisdiction
Florida

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!