HORNE v. STATE

No. 1162.

116 So.2d 654 (1959)

Theodore HORNE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied January 4, 1960.


Attorney(s) appearing for the Case

Bayard B. Sellars, Fort Lauderdale, for appellant.

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


ALLEN, Chief Judge.

The appellant was convicted February 26, 1959, on an information charging him with murder in the second degree. The motion for new trial was denied and he was sentenced to a term of 25 years in the State Prison, which judgment and sentence was appealed to this court.

The defendant below, appellant here, went to the home of Moses Harris on Sunday afternoon, December 7, 1958, at approximately 4:45 o'clock to give Harris a receipt for his...

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