WARREN v. STATE, 44 So.2d 97 (Fla. 1950)

WARREN v. STATE.

Supreme Court of Florida, Special Division B.
February 7, 1950.

Appeal from the Circuit Court for Jackson County, E.C. Welch, J.

Paul Carter, Marianna, for appellant.

Richard W. Ervin, Attorney General, and Reeves Bowen, Assistant Attorney General, for appellee.

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PER CURIAM.

Appellant, Joe Warren, was convicted of breaking and entering a dwelling house with intent to commit larceny.

He filed a motion for a new trial and among other grounds questioned the sufficiency of the evidence. Upon an appeal here he has argued several questions. We rest our decision upon the sufficiency of the evidence to sustain a conviction.

The only evidence to connect Joe Warren with the crime is a confession which he made to the county judge. He admitted making the confession but said that he did so under duress.

He became a witness in his own behalf and denied committing the crime. Other than the confession the State had no evidence whatever to connect him with the crime.

On cross-examination appellant was asked if he had been convicted of crime. He answered in the negative whereupon the State attorney asked if he had not lately been convicted of petit larceny there in Jackson County. However no rebuttal evidence was given to impeach appellant. This in and of itself is not here reversable error but we take notice of it as a circumstance.

We have carefully reviewed all the evidence and are not satisfied to approve the judgment. It is reversed for a new trial.

Reversed.

ADAMS, C.J., CHAPMAN and HOBSON, JJ., and TILLMAN, Associate Justice, concur.

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