POLK v. STATE

No. 5131.

179 So.2d 236 (1965)

Zollie Leroy POLK, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied November 4, 1965.


Attorney(s) appearing for the Case

Jack T. Edmund and Thomas W. Perkins, Lake Alfred, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and Robert G. Stokes, Asst. Atty. Gen., Lakeland, for appellee.


McNULTY, JOSEPH P., Associate Judge.

Appellant was found guilty by a jury verdict of murder in the first degree, with a recommendation of mercy. He raises nine points on appeal, only one of which has merit.

The indictment herein charged premeditated murder, not felony murder. Appellant alleges that the Court erred in refusing defendant's requested Instruction No. II, particularly in view of the fact that the Court...

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