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AUSTIN v. STATE

40 So.2d 896 (1949)

AUSTIN v. STATE.

Supreme Court of Florida, Division B.

Rehearing Denied May 24, 1949.

Attorney(s) appearing for the Case

Clyde R. Brown, of Bonifay, and Amos Lewis, of Marianna, for appellant.

Richard W. Ervin, Atty. Gen., and Reeves Bowen, Asst. Atty. Gen., for appellee.

CHAPMAN, Justice.

In November, 1947, a grand jury of Jackson County, Florida, returned an indictment in two counts against Andrew Austin charging murder in the second degree on the 9th day of July, 1947, in Jackson County, Florida, by inflicting with a deadly weapon on the head of Marvin Morse mortal wounds, thereby causing his death. The defendant-appellant was placed upon trial and a jury, after hearing all the testimony, instructions of the court and argument of...

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