SPENCER v. STATE

No. 31108.

133 So.2d 729 (1961)

Emmitt Monroe SPENCER, also known as Emitt Spencer, also known as Emmett Monroe Spencer, also known as Emmett Spencer, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

October 25, 1961.


Attorney(s) appearing for the Case

Robert C. Youmans and Tom O. Watkins, Key West, for appellant.

Richard W. Ervin, Atty. Gen., and George R. Georgieff, Asst. Atty. Gen., for appellee.


THORNAL, Justice.

Appellant Spencer has been sentenced to death pursuant to a judgment of conviction based upon a jury verdict finding him guilty of murder in the first degree with no mercy recommendation.

The sole points assigned for reversal were the refusal of the trial judge to exclude two witnesses from the court room during the trial, and certain alleged inflammatory remarks to the jury by the Assistant State...

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