¶1 In this case the plaintiff was convicted of murder in the first degree without recommendation to mercy.
¶2 The record fails to disclose substantial evidence of a premeditated design to effect the death of the person killed. It, therefore, app'ears that the ends of justice will be sub-served by reversing the judgment and remanding the cause for a new trial. See Courson v. State, 113 Fla. 123, 151 *247 Sou. 542; Woodward, et al., v. State, 113 Fla. 301, 151 Sou. 509, and cases there cited.
¶3 It is so ordered.
¶4 Reversed.