RILEY v. STATE


40 So.2d 774 (1949)

RILEY v. STATE.

Supreme Court of Florida, en Banc.

Rehearing Denied June 17, 1949.


Attorney(s) appearing for the Case

Samuel Feinberg, Tampa, for appellant.

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


PER CURIAM.

Affirmed.

ADAMS, C.J., and TERRELL, SEBRING and HOBSON, JJ., concur.

THOMAS, CHAPMAN and BARNS, JJ., dissent.

THOMAS, Justice (dissenting).

The appellant was indicted for murder in the second degree, and the jury found him guilty of manslaughter.

There can be no doubt that he committed the homicide; in truth, he freely admits it. The evidence, however, that his act was unlawful is far from conclusive. No one saw...

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