JOHNSON v. STATE

No. 5716.

178 So.2d 724 (1965)

Wille Frank JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Second District.

September 30, 1965.


Attorney(s) appearing for the Case

Blank & Davis, West Palm Beach, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and James T. Carlisle, Asst. Atty. Gen., Miami, for appellee.


WILLSON, J.H., Associate Judge.

Willie Frank Johnson was indicted for murder in the first degree. The jury found him guilty of murder in the second degree, and he has appealed from the consequent judgment, presenting five points for our consideration.

No proper predicate was laid in the record for appellant's first point. Nevertheless, since appellant was charged with a capital offense, we have considered it, as a matter of grace, and find that the things...

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