CHESTNUT v. STATE

No. 86-2061.

516 So.2d 1144 (1987)

George Benjamin CHESTNUT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 24, 1987.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Larry B. Henderson, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee.


DAUKSCH, Judge.

This is an appeal from a conviction of manslaughter and armed extortion.

The evidence as viewed in a light most favorable to the judgment reveals that appellant put a pistol to the head of the victim and asked "where are my guns?" We deem the words and actions sufficient to constitute a threat to shoot (or kill) if the victim failed to give the appellant his guns back to him (which the victim had stolen).

We do not deem the words and...

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