BRENISER v. STATE

No. 71-512.

267 So.2d 23 (1972)

Barry Wayne BRENISER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 12, 1972.


Attorney(s) appearing for the Case

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

Robert L. Shevin, Atty. Gen., Tallahassee, and Andrew I. Friedrich, Asst. Atty. Gen., West Palm Beach, for appellee.


OWEN, Judge.

On Christmas Eve, appellant, standing in the living room of his own home, killed one James Richard Cooper with a single rifle shot fired at almost point blank range. Charged with second degree murder, appellant was tried by a jury and found guilty of manslaughter. On this direct appeal from the conviction and sentence, we conclude that the best interest of justice would be served by awarding appellant a new trial.

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