ANDERSON v. STATE

No. 69-461.

230 So.2d 39 (1970)

Ozzie ANDERSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

January 6, 1970.


Attorney(s) appearing for the Case

Fred A. Jones and Martin Blitstein, Miami, for appellant.

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

Before PEARSON, C.J., and BARKDULL, J., and FRIEDMAN, MILTON, A., Associate Judge.


PER CURIAM.

Appellant, defendant, appeals from an adjudication of murder in the second degree in a cause heard by a jury. Points involved in the appeal, amongst others, were whether the Court erred in instructing and reading to the jury F.S. 790.19 F.S.A. and whether the verdict of the jury was against the weight of the evidence.

F.S. § 919.14, F.S.A., provides "If the indictment or information charges a particular degree the jurors may find the defendant...

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