APPELL v. STATE

No. 70-599.

250 So.2d 318 (1971)

Paul Louis APPELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 28, 1971.


Attorney(s) appearing for the Case

Joseph A. Varon, of Varon & Stahl, Hollywood, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Herbert P. Benn, Asst. Atty. Gen., West Palm Beach, for appellee.


WALDEN, Judge.

Defendant was charged with second degree murder in that he did kill John Barnes "with a revolver". Tried by jury and convicted of manslaughter, defendant appeals. Finding harmful errors, we reverse and remand for a new trial.

Defendant and decedent were good friends of long standing and there was no evidence of ill will, malice or bad motive as concerns them. Decedent's mother testified that they were "like brothers" and that she considered...

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