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PRIESTLEY v. STATE

No. 87-1716.

537 So.2d 690 (1989)

John PRIESTLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 27, 1989.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and T. Orin Lee, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.

PARKER, Judge.

Priestley appeals a judgment and sentence adjudicating him guilty of murder in the second degree. We reverse.

The incident giving rise to the charge occurred when Melvin Gill, the victim, and Priestley went outside of a bar. The evidence at trial indicated that Gill was thirty years of age, powerfully built, in good shape, and appeared strong. Priestley, on the other hand, was fifty years old with...

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