STATE v. COLES


91 So.2d 200 (1956)

STATE of Florida, Appellant, v. Ola COLES, Appellee.

Supreme Court of Florida, Special Division B.

December 5, 1956.


Attorney(s) appearing for the Case

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

Herman W. Goldner, St. Petersburg, for appellee.


O'CONNELL, Justice.

Defendant, Ola Coles, was tried for manslaughter. The jury returned a verdict of guilty. On motion therefor the trial judge granted a new trial. The State brings this appeal. We are required to determine whether the trial judge abused his discretion in granting the motion for new trial.

That defendant killed Robert Foster, by shooting him with a shotgun shortly after 8 o'clock on the morning of May 13, 1955, was undisputed at the trial...

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