WATERS v. STATE

No. 85-376.

486 So.2d 614 (1986)

Hinton McClure WATERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 15, 1986.


Attorney(s) appearing for the Case

Kirk N. Kirkconnell of Muller, Kirkconnell & Lindsey, P.A., Winter Park, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Kevin Kitpatrick Carson, Asst. Atty. Gen., Daytona Beach, for appellee.


DAUKSCH, Judge.

This is an appeal from a first degree murder conviction.

Appellant Waters and the deceased, John Henry Tramel, engaged in a brutal fight over the price of a tire repair the deceased had performed for appellant. During the fight appellant broke away from the deceased, took a .22 caliber semi-automatic rifle from his truck and fired three shots in rapid succession. The deceased was struck in the back by one of the shots mortally wounding him...

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