Judges: DAVIS, J. —
Attorneys: J. B. Murrow, and J. Walker Hogan, for Plaintiff in Error;
Cary D. Landis, Attorney General, and Roy Campbell,
Assistant, for the State.
Filed: Jun. 04, 1935
Latest Update: Mar. 02, 2020
Summary: From a sentence of death the plaintiff in error appeals to this Court, assigning as error the inconclusive nature of the evidence as to premeditated design in a prosecution brought against him for murder in the first degree of which he was found guilty. Like Moses, the Biblical character, whose justifiable killing of the Egyptian (Exodus 2: 11-15) was followed by *Page 27 the concealment of the victim's body in order to avoid arrest and execution for his deed, the defendant in this case, in his
Summary: From a sentence of death the plaintiff in error appeals to this Court, assigning as error the inconclusive nature of the evidence as to premeditated design in a prosecution brought against him for murder in the first degree of which he was found guilty. Like Moses, the Biblical character, whose justifiable killing of the Egyptian (Exodus 2: 11-15) was followed by *Page 27 the concealment of the victim's body in order to avoid arrest and execution for his deed, the defendant in this case, in his v..
More
The writ of error is to review a judgment of conviction of murder in the first degree.
It is contended that the evidence is not sufficient to establish venue in Orange County, Florida, and is also insufficient to prove the element of premeditated design. I find sufficient substantial evidence to warrant the jury in concluding that the homicide occurred in Orange County, Florida. See Lowman v. State, 80 Fla. 18, 85 So. 2d 166.
I also think all the circumstances surrounding the homicide, the nature of the fatal wound, the conduct of the accused, who admitted the killing and the unreasonableness of the version of the homicide as detailed by the accused when testifying as a witness in his own behalf, were sufficient to convince the jury that the accused was guilty of murder in the first degree.
The judgment should be affirmed.
