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HARRELL v. STATE

No. N-142.

245 So.2d 302 (1971)

Dean Evan HARRELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

March 16, 1971.

Attorney(s) appearing for the Case

W. Fred Turner, Lynn Haven, and Bower & Hayward, Panama City, for appellant.

Robert L. Shevin, Atty. Gen., and Nelson E. Bailey, Asst. Atty. Gen., for appellee.

PER CURIAM.

This is an appeal from a manslaughter conviction and ten-year sentence thereon. The evidence was conflicting as to who the aggressor was in the affray which resulted in a homicide. The rule is well settled that the jury is the trier of fact and that when the jury's verdict is supported by competent substantial evidence, the appellate court will not substitute its judgment for that of the jury. Kellogg v. State, 219 So.2d 745

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