Handley v. State, (1936)
Court: Supreme Court of Florida
Number:
Visitors: 9
Judges: BUFORD, J.
Attorneys: Davis Davis, for Plaintiff in Error;
Cary D. Landis, Attorney General, and Roy Campbell, Assistant Attorney General, for the State.
Filed: Jul. 22, 1936
Latest Update: Mar. 02, 2020
Summary: The writ of error is to review a judgment of conviction of manslaughter under an indictment charging murder in the first degree. The plaintiff in error in the brief filed in this case presents ten questions for our determination. The first question is: "Where it appears in evidence that the deceased was shot around one o'clock in the morning and the sheriff, upon being notified between 2:30 and 3:00 o'clock, went to the scene of the shooting, about nineteen miles away, as soon as he could get dr
Summary: The writ of error is to review a judgment of conviction of manslaughter under an indictment charging murder in the first degree. The plaintiff in error in the brief filed in this case presents ten questions for our determination. The first question is: "Where it appears in evidence that the deceased was shot around one o'clock in the morning and the sheriff, upon being notified between 2:30 and 3:00 o'clock, went to the scene of the shooting, about nineteen miles away, as soon as he could get dre..
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I concur in the foregoing opinion except on the question of the accusatory statement. I hardly think that a sufficient predicate was laid to clearly show that the defendant heard, or was close enough to have heard, the statement made by the deceased to Sheriff Morrow; nor did it clearly appear that any reply was called for, if defendant heard the statement, because defendant had just told Sheriff Morrow, in substance, that he had shot Sledge in self defense.
DAVIS, J., concurs.
Source: CourtListener
