MILLER v. STATE

No. 76-610.

343 So.2d 1292 (1977)

Samuel MILLER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 18, 1977.


Attorney(s) appearing for the Case

Max B. Kogen and Geoffrey C. Fleck, Miami, for appellant.

Robert L. Shevin, Atty. Gen., and Sidney M. Pertnoy, Asst. Atty. Gen., for appellee.

Before HENDRY, C.J., and NATHAN, J., and DREW, E. HARRIS (Ret.), Associate Judge.


HENDRY, Chief Judge.

Appellant, Samuel Miller, was charged by indictment on February 26, 1975, with first degree murder in violation of Section 782.04, Florida Statutes (1975). The case proceeded to trial, non-jury, whereupon, at its conclusion, the court adjudicated appellant guilty of second degree murder. Thereafter, appellant was sentenced to fifteen years imprisonment. Motion for new trial was denied and this appeal follows.

Appellant raises the following...

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