[Download] "John Wesley Price v. State Florida" by First District Court of Appeal of Florida " Book PDF Kindle ePub Free
eBook details
- Title: John Wesley Price v. State Florida
- Author : First District Court of Appeal of Florida
- Release Date : January 08, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Appellant was convicted of grand larceny and of resisting an officer in the performance of a legal duty with violence. He has appealed the judgments and sentences for the two offenses. The two cases were consolidated for trial and have been consolidated on appeal. At approximately 7 a.m. on April 26, 1973, police officer J. W. Pierotti, was responding to an unrelated call in his patrol car when he observed a man walking along railroad tracks wearing a white hat and carrying a large bag. The officer testified that he and the man looked at each other and the man then went into a wooded undergrowth area alongside the railroad track; that he then turned his police car around, pulled up beside the area where the man had gone into the woods, and saw the man's white hat hanging on tree branches where he had apparently gone in. The officer took the hat and attempted to pursue the man's path through the woods. When the path ended a short way into the brush, the officer came back out and walked along the railroad tracks at the edge of the woods. From there he could hear someone moving through the bushes. With the man traveling through the brush and the officer paralleling his path along the railroad track, the officer came to a point where a bridge leading to a housing project crossed a ditch. At this point, the officer stood behind a telephone pole and could see the man crouched about ten yards inside the woods where he was looking around in an apparent attempt to locate the officer. The officer stated that he looked at the man for approximately 30 seconds. (He subsequently identified appellant as the man he saw crouched in the woods.) The officer then drew his gun, identified himself and approached appellant. He stated that appellant first seemed to accept his authority, but when he replaced the gun in its holster, appellant ran, but the officer overtook and tackled him. The two men fought on the ground for approximately half a minute when appellant broke loose and ran. The officer chased him through the woods and into the housing complex. As they passed, a man in a car evidently recognized appellant as he called him by his first name. Appellant ultimately escaped.