SPELLS v. STATE

No. 72-881.

283 So.2d 54 (1973)

James Harley SPELLS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 19, 1973.


Attorney(s) appearing for the Case

Ben L. Bryan, Jr., of Bryan & Koblegard, Fort Pierce, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Fredric J. Scott and C. Marie Bernard, Asst. Attys. Gen., West Palm Beach, for appellee.


OWEN, Chief Judge.

Appellant was convicted of second degree murder of one John Reschak. We conclude from our view of the record that the evidence will not sustain a conviction of homicide in any degree other than manslaughter, and we therefore reverse the judgment and sentence and remand for entry of a judgment of guilt of manslaughter and appropriate sentence thereon.

In the course of what was otherwise a very complete and comprehensive charge to the jury...

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