Kelly v. State, (1930)
Court: Supreme Court of Florida
Number:
Visitors: 10
Judges: BUFORD, J. —
Attorneys: Philip D. Beall and J. McHenry Jones, for Plaintiff in Error;
Fred H. Davis, Attorney General, and H. E. Carter, Assistant, for Defendant in Error.
Filed: Feb. 25, 1930
Latest Update: Mar. 02, 2020
Summary: In this case the plaintiff in error was indicted and prosecuted for murder in the first degree and was convicted of murder in the second degree. The deceased was the wife of the accused. There was no eye-witness to the occurrence except the accused. He took the stand in his own behalf and testified to a state of facts which showed the death to be the result of an unfortunate accident in that the pistol was accidentally discharged by striking some part of the bed when the accused was removing the
Summary: In this case the plaintiff in error was indicted and prosecuted for murder in the first degree and was convicted of murder in the second degree. The deceased was the wife of the accused. There was no eye-witness to the occurrence except the accused. He took the stand in his own behalf and testified to a state of facts which showed the death to be the result of an unfortunate accident in that the pistol was accidentally discharged by striking some part of the bed when the accused was removing the ..
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I concur in the judgment of reversal, but upon grounds other than those stated in the opinion.
Source: CourtListener
