HORNBECK v. STATE


77 So.2d 876 (1955)

Samuel J. HORNBECK, alias Jerome Bryant, alias Lawrence Baker, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida. En Banc.

March 9, 1955.


Attorney(s) appearing for the Case

E. John Nelson and John E. Santora, Jr., Jacksonville, for appellant.

Richard W. Ervin, Atty. Gen., and Bart L. Cohen, Asst. Atty. Gen., for appellee.


ROBERTS, Justice.

The appellant was found guilty of a charge of murder in the first degree, without recommendation of mercy, and has appealed from the judgment of conviction entered thereon which carries a mandatory sentence of death.

The facts upon which the charge against the appellant was based are briefly as follows: The appellant and one Goldman committed a robbery by holding up the bartender and the only remaining patron in a cafe at 1:00 o'clock in...

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