ROBERTS v. STATE

No. G-165.

189 So.2d 543 (1966)

Herbert V. ROBERTS, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. First District.

August 23, 1966.


Attorney(s) appearing for the Case

Judge & Rosier, Daytona Beach, for appellant.

Earl Faircloth, Atty. Gen., and George R. Georgieff, Asst. Atty. Gen., for appellee.


RAWLS, Chief Judge.

Appellant was charged with first degree murder of his wife, tried by jury, convicted of murder in the second degree, adjudged guilty, and sentenced to 20 years imprisonment.

There were no eye witnesses to the shooting of defendant's wife other than the defendant himself, and therefore, the evidence concerning the death was circumstantial in nature. It was the State's position that the defendant intentionally killed his wife, while defendant...

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