KANCEY v. STATE

No. 74-758.

305 So.2d 816 (1974)

Gerald KANCEY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 31, 1974.


Attorney(s) appearing for the Case

Phillip A. Hubbart, Public Defender, and Kathleen Gallagher, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee.

Before PEARSON, HENDRY and NATHAN, JJ.


PER CURIAM.

The jury found the appellant guilty of murder in the second degree. After adjudication and sentence, he brought this appeal. Two points for reversal are presented. The first claims that the judge erred in denying defendant's motion for a judgment of acquittal. The evidence tested upon the criteria set forth in Holland v. State, 129 Fla. 363, 176 So. 169 (1937) and Weldon v. State, Fla.App. 1973,

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