PAIT v. STATE

No. 65-701.

188 So.2d 15 (1966)

Jesse C. PAIT, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied July 27, 1966.


Attorney(s) appearing for the Case

Robert L. Koeppel, Public Defender, and Phillip A. Hubbart, Asst. Public Defender, for appellant.

Earl Faircloth, Atty. Gen., and Arden M. Siegendorf, Asst. Atty. Gen., for appellee.

Before PEARSON, CARROLL and SWANN, JJ.


PER CURIAM.

This appeal is from an order of the trial court denying appellant's petition for relief under Criminal Procedure Rule 1, F.S.A. ch. 924 Appendix, after an evidentiary hearing.

On June 26, 1957 appellant was found guilty of first degree murder by a jury without recommendation of mercy. Based thereon he was sentenced to death. The Supreme Court reversed, for certain improper remarks by the prosecutor during closing argument. On retrial the appellant...

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