20 So. 2d 255 | Fla. | 1944
Lead Opinion
Appellant was convicted of murder in the first degree with a recommendation to mercy which, under the law, carries a life sentence.
On appeal he questions the sufficiency of the evidence and the failure of the trial judge to charge on the applicable law of self-defense.
We find that these questions are wholly without merit; that the trial was conducted according to law and the evidence is sufficient.
The judgment is affirmed.
BUFORD, C. J., TERRELL, CHAPMAN, ADAMS and SEBRING, JJ., concur.
BROWN and THOMAS, JJ., dissent.
Dissenting Opinion
There is, as I see it, no substantial evidence in this record of an intent to kill on the part of the appellant, and my view is that the judgment should be reversed, or the grade of the offense reduced to manslaughter.
THOMAS, J., concurs.
