ALLEN v. STATE

No. 33342.

174 So.2d 538 (1965)

Thomas ALLEN, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied May 17, 1965.


Attorney(s) appearing for the Case

W.J. Winburn, Jr., Live Oak, for appellant.

Earl Faircloth, Atty. Gen., and William D. Roth, Asst. Atty. Gen., for appellee.


THOMAS, Justice.

The appellant, Thomas Allen, was convicted of murder in the first degree by shooting one Goff Howard with a shotgun and, the jury not having recommended mercy, he was sentenced to death in the electric chair.

As was their custom, the victim, operator of a grocery, and his wife closed the store about eight o'clock the fateful night and after determining that the property was secure, went with an employee to the rear of the place where their...

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