WEAVER v. STATE

No. 68-236.

220 So.2d 53 (1969)

James E. WEAVER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied March 25, 1969.


Attorney(s) appearing for the Case

Robert E. Jagger, Public Defender, and Joseph F. McDermott, Asst. Public Defender, Clearwater, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and William D. Roth, Asst. Atty. Gen., Lakeland, for appellee.


McNULTY, Judge.

James E. Weaver appeals his conviction of the premeditated murder of a police officer. The jury recommended mercy.

Appellant does not deny that he shot the officer; but the thrust of his defense is that he was justified in killing the officer for the reason that the officer was threatening to make an unlawful entry to search appellant's dwelling. In the alternative, appellant contends that even if the killing was unlawful it can be of a no...

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