HAMILTON v. STATE

No. 58-338.

109 So.2d 422 (1959)

James HAMILTON, III, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

March 3, 1959.


Attorney(s) appearing for the Case

Henry R. Carr and Marshall G. Curran, Jr., Miami, for appellant.

Richard W. Ervin, Atty. Gen., and David U. Tumin, Asst. Atty. Gen., for appellee.


HORTON, Judge.

The appellant was indicted on the charge of murder in the first degree. The jury returned a verdict finding the appellant guilty of manslaughter. The appeal is from the judgment of conviction and sentence.

Although the appellant did not testify in his own behalf at the trial, nevertheless the facts are without substantial dispute, and reveal that the appellant resided in close proximity to his sister and the decedent, her husband. On October...

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