HERDZIK v. STATE

No. 67-825.

214 So.2d 518 (1968)

Robert Stanley HERDZIK, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied October 22, 1968.


Attorney(s) appearing for the Case

Harry W. Prebish and Richard M. Gale, Miami, for appellant.

Earl Faircloth, Atty. Gen., and Jesse J. McCrary, Jr., Asst. Atty. Gen., for appellee.

Before PEARSON, HENDRY and SWANN, JJ.


HENDRY, Judge.

This is an appeal to review a judgment and life sentence entered pursuant to a jury verdict finding the defendant guilty of murder in the first degree with a recommendation of mercy.

The indictment alleged that Robert Stanley Herdzik unlawfully and from a premeditated design effected the death of one Charles Robert McKiearnan by beating him to death with a blunt instrument. The defendant was arraigned and entered a plea of not guilty. The case...

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