Opinion
June 16, 1950.
Appeal from the Circuit Court of Bay County, E. Clay Lewis, J.
Paul Carter, Marianna, for appellant.
Richard W. Ervin, Attorney General, and Reeves Bowen, Assistant Attorney General, for appellee.
The appellant was tried and convicted in the court below on a charge of fondling a female child under the age of 14 years, in violation of Section 800.04, Florida Statutes, 1941, F.S.A. He was adjudged guilty by the court and sentenced to two years' imprisonment, and he now appeals from the verdict and judgment below.
The sole question presented on this appeal is the sufficiency of the evidence to support a verdict of guilt. There was a direct conflict in the evidence, which conflict was resolved by the jury against the appellant. It is well settled that this court will not substitute its judgment for that of a jury on questions of fact. Dixon v. State, 143 Fla. 277, 196 So. 604; Jones v. State, 147 Fla. 677, 3 So.2d 388. Nor will this court disturb the verdict and judgment below where there is ample substantial evidence to support them. Ellis v. State, 129 Fla. 420, 176 So. 430; Taylor v. State, 139 Fla. 542, 190 So. 691, 124 A.L.R. 835.
There being ample evidence to support a verdict of guilty, the verdict and judgment below should be and they are hereby
Affirmed.
ADAMS, C.J., and TERRELL and THOMAS, JJ., concur.