PIERCE v. STATE

No. 78-1829.

376 So.2d 417 (1979)

Allen W. PIERCE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 30, 1979.


Attorney(s) appearing for the Case

Black & Denaro and Roy E. Black, Miami, for appellant.

Jim Smith, Atty. Gen., and Steven R. Jacob, Asst. Atty. Gen., for appellee.

Before HAVERFIELD, C.J., SCHWARTZ, J., and MELVIN, WOODROW M. (Ret.) Associate Judge.


SCHWARTZ, Judge.

The defendant Pierce appeals from the judgments and sentences entered against him after a jury found him guilty of second degree murder and carrying a concealed firearm. We affirm the latter conviction, but reverse the former on the ground that the evidence justifies only a manslaughter charge and thus does not support the finding of second degree murder.

The evidence, viewed, as required, in the light most favorable to the state, shows conclusively...

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