STATE v. POWELL

No. 92-2474.

636 So.2d 138 (1994)

STATE of Florida, Appellant, v. Charles POWELL, Appellee.

District Court of Appeal of Florida, First District.

April 27, 1994.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Wendy S. Morris, Asst. Atty. Gen., Tallahassee, for appellant.

Randall J. Etheridge, Pensacola, for appellee.


LAWRENCE, Judge.

The State of Florida appeals a trial court order granting a motion for judgment of acquittal notwithstanding the jury's verdict finding Charles Powell guilty of premeditated murder. We reverse and remand for reinstatement of the jury verdict.

Powell was charged with the premeditated, first-degree murder of Bernida Faye Montgomery (victim), which occurred on October 27, 1991. Powell is sixty-seven years old, weighs 176 pounds, and has a first...

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