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DANIELS v. STATE

108 So.2d 755 (1959)

E.C. DANIELS, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

February 4, 1959.

Attorney(s) appearing for the Case

Ferguson & J. Popling, Lake City, for appellant.

Richard W. Ervin, Atty. Gen., and Odis M. Henderson, Asst. Atty. Gen., for appellee.

O'CONNELL, Justice.

E.C. Daniels was tried on an indictment for the premeditated murder of Clara Mae Ward. The jury returned a verdict of guilty of murder in the first degree. By vote of six to six the jury declined to make a recommendation of mercy. Defendant's motion for new trial was denied by the court and he thereupon appealed.

Defendant does not contend he was guiltless or that the killing was necessary, justifiable...

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