ABLES v. STATE

No. Z-16.

338 So.2d 1095 (1976)

James Perry ABLES, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied November 24, 1976.


Attorney(s) appearing for the Case

Burke D. Chester, Daytona Beach, for appellant.

Robert L. Shevin, Atty. Gen., and Jeanne Dawes Schwartz, Asst. Atty. Gen., Tallahassee, for appellee.


SMITH, Judge.

Ables appeals from his conviction of murder in the first degree and a sentence of life imprisonment. The most substantial question presented is whether the trial court committed reversible error in charging the jury that it might convict the accused of premeditated murder under an indictment which charged that appellant killed the victim in perpetration of kidnapping.

The grand jury charged that Ables, "while engaged in the perpetration of or...

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