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155 Fla. 393

20 So.2d 255

Patrick v. State

Supreme Court of Florida

Decided December 22, 1944

Supreme Court of Florida · decided 1944-12-22

Cited by 2 later decisions — most recently January 1933

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1944-12-22

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*394 PER CURIAM:

¶1 Appellant was convicted of murder in the first degree with a recommendation to mercy which, under the law, carries a life sentence.

¶2 On appeal he questions the sufficiency of the evidence and the failure of the trial judge to charge on the applicable law of self-defense.

¶3 We find that these questions are wholly without merit; that the trial was conducted according to law and the evidence is sufficient.

¶4 The judgment is affirmed.

BUFORD, C. J., TERRELL, CHAPMAN, ADAMS and SEBRING, JJ., concur. BROWN and THOMAS, JJ., dissent.
BROWN, J.,

¶5 dissenting:

¶6 There is, as I see it, no substantial evidence in this record of an intent to kill on the part of the appellant, and my view is that the judgment should be reversed, or the grade of the offense reduced to manslaughter.

THOMAS, J., concurs.
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