BROWN v. STATE

No. 82-1607.

454 So.2d 596 (1984)

Emory Jack BROWN, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 22, 1984.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Shawn L. Briese, Asst. Atty. Gen., Daytona Beach, for appellee.


ORFINGER, Chief Judge.

The defendant appeals from a judgment of conviction for second degree murder, contending that the trial court erred in failing to grant defendant's motion for judgment of acquittal at the close of the State's case. We agree and reverse the judgment, and direct that defendant be discharged.

Defendant was charged with the second degree murder of Charles Williams who was killed during a fracas...

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