¶1 (concurring specially). — In view of the testimony of one witness in this case, whose testimony was evidently believed by the jury, I cannot say as a matter of law that the' verdict of first-degree murder was clearly erroneous. I therefore concur in affirming the judgment as rendered, but with the observation that it appears to me that all that the jury should have found on the evidence as a whole is a verdict of second-degree murder, which is what the evidence tends to prove as a matter of fa.ct, as I view it from an evidentiary standpoint only.
115 Fla. 243
156 So 23
Brooks v. State
Decided June 11, 1934
Supreme Court of Florida · decided 1934-06-11
Good law ✅— No negative treatment on recordhow we know
Decided 1934-06-11
How this case has been cited
Cited by 6 later decisions — most recently November 2018
6 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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