O'CONNELL, Chief Justice.
The appellant, Charles Alexander Cirack, and Richard Vernon White were tried and convicted of murder in the first degree of Moses Jackson. The jury recommended mercy for White, but not for Cirack who seeks reversal here of the judgment of guilty and sentence of death. White is not involved in this appeal.
On May 8, 1965 Cirack and White, driving in Cirack's convertible automobile, saw two negroes standing on a street corner in Titusville...
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