MILLS v. STATE

No. Q-276.

264 So.2d 71 (1972)

Clarence MILLS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 29, 1972.


Attorney(s) appearing for the Case

Richard W. Ervin, III, Public Defender, and Michael J. Minerva, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and William E. Whitlock, III, Asst. Atty. Gen., for appellee.


WIGGINTON, Judge.

Plaintiff has appealed a judgment of conviction and sentence based upon a jury verdict finding him guilty of second degree murder. By his sole point on appeal he contends that the trial court erred in admitting into evidence over his objection an alleged dying declaration made by the victim shortly prior to his death.

The deceased was found in the weeds beside a country road early on a Sunday morning with his throat slashed from ear to ear...

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