BROWN v. STATE

No. 73-373.

285 So.2d 425 (1973)

Kermit C. BROWN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 13, 1973.


Attorney(s) appearing for the Case

Phillip A. Hubbart, Public Defender, and Roy Wood, Jr., Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Lance R. Stelzer, Asst. Atty. Gen., for appellee.

Before BARKDULL, C.J. and PEARSON and CARROLL, JJ.


PER CURIAM.

The appellant was tried before the court, having waived trial by jury, and upon a charge of second degree murder was found guilty of manslaughter. On this appeal, it is urged that the evidence was insufficient because it was circumstantial and subject to a reasonable hypothesis of innocence. See Stewart v. State, 158 Fla. 753, 30 So.2d 489 (1947). Such a holding is not applicable in this case because the appellant admitted to the killing, gave inconsistent...

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