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BURNETTE v. STATE

No. 32024.

151 So.2d 9 (1963)

Lemuel Dean BURNETTE, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

March 13, 1963.

Attorney(s) appearing for the Case

D. Frank Smoak, Jr. and John I. Ruff, Punta Gorda, for appellant.

Richard W. Ervin, Atty. Gen., and James G. Mahorner, Asst. Atty. Gen., for appellee.

PER CURIAM.

Section 924.32, Florida Statutes 1961, F.S.A. provides: "* * * Upon an appeal from the judgment by a defendant who has been sentenced to death the appellate court shall review the evidence to determine if the interests of justice require a new trial, whether the insufficiency of the evidence is a ground of appeal or not." Florida Appellate Rules 1962 Revision, Rule 6.16, subd. b, 31 F.S.A., contains an identical provision. An examination of the record...

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