HARPER v. STATE

No. 81-570.

411 So.2d 235 (1982)

William HARPER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 5, 1982.


Attorney(s) appearing for the Case

Pilafian & Schaffer and Melvin Schaffer, Miami, for appellant.

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

Before SCHWARTZ and DANIEL S. PEARSON, JJ., and OWEN, WILLIAM C., Jr., (Ret.), Associate Judge.


OWEN, WILLIAM C., Jr., (Retired). Associate Judge.

William Harper, described as a nonviolent person by his friends and his employer who testified at his trial, was convicted of second degree murder. He should not have been, because the State's evidence (1) was legally insufficient to show that the act allegedly causing the victim's death was one which "evinced a depraved mind regardless of human life," and (2) essentially established rather than rebutted Harper's...

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