BYRD v. STATE

No. 90-0042.

574 So.2d 233 (1991)

Ernest BYRD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 6, 1991.


Attorney(s) appearing for the Case

Robert L. Bogen of Braverman & Bogen, Boynton Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sylvia H. Alonso, Asst. Atty. Gen., West Palm Beach, for appellee.


STONE, Judge.

We affirm appellant's conviction and sentence for second degree murder. The evidence was circumstantial. Byrd lived with the victim and her children. The last time Mary James was seen alive, on a Friday night two days before the discovery of her body, the appellant and the victim argued and the appellant ordered their three visitors to leave. The victim asked their friends not to go and indicated that she wanted to leave with them. When last seen, the...

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