McRane v. State, (1941)
Court: Supreme Court of Florida
Number:
Visitors: 6
Judges: PER CURIAM.
Attorneys: A.P. Buie, for Appellant;
J. Tom Watson, Attorney General, and Nathan Cockrell,
Assistant Attorney General, for Appellee.
Filed: Jul. 25, 1941
Latest Update: Mar. 02, 2020
Summary: The appellant was originally convicted of murder in the first degree and upon appeal the judgment was reversed. McRane v. State, 142 Fla. 240 , 194 So. 632 . Upon retrial he was found guilty of murder in the second degree, and again appealed. After close study of the record we hold the view that the evidence did not prove murder in the second degree but did establish defendant's guilt of manslaughter resulting from the use by him of excessive force in *Page 23 making an arrest. See 26 Am. Jur. "
Summary: The appellant was originally convicted of murder in the first degree and upon appeal the judgment was reversed. McRane v. State, 142 Fla. 240 , 194 So. 632 . Upon retrial he was found guilty of murder in the second degree, and again appealed. After close study of the record we hold the view that the evidence did not prove murder in the second degree but did establish defendant's guilt of manslaughter resulting from the use by him of excessive force in *Page 23 making an arrest. See 26 Am. Jur. "H..
More
The evidence shows without dispute that at the time of the shooting, defendant was in the act of making a lawful arrest for a crime committed by deceased in the presence of defendant, who was an arresting official. The evidence is equally clear that at the time of the shooting the deceased was committing an assault and battery on defendant with a deadly weapon, to-wit, a shotgun.
Considering the evidence and record together it is made to appear that the homicide was not unlawful.
TERRELL and CHAPMAN, J. J., dissent.
Source: CourtListener
