SMITH v. STATE

Nos. 72-873, 72-1002.

284 So.2d 461 (1973)

James SMITH a/K/a Johnny Smith, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 20, 1973.


Attorney(s) appearing for the Case

Corlett, Merritt, Killian & Okell, and Charles W. Musgrove, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., and J. Robert Olian, Asst. Atty. Gen., and Linda C. Hertz, Legal Intern, for appellee.

Before BARKDULL, C.J., and CHARLES CARROLL and HAVERFIELD, JJ.


PER CURIAM.

By indictment of a grand jury of Palm Beach County, the appellant was charged with murder in the first degree, alleging he caused the death of one Milicent Gray Baker, in that county, by premeditated design by gunshot. A change of venue was granted, and jury trial was held in Dade County. The verdict rendered was "guilty of murder in the third degree." Following denial of a motion for new trial the defendant was adjudged guilty of the offense named in...

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