Russell v. Wainwright

OWEN, Judge.

Boyce Lee Russell was convicted of first degree murder with recommendation of mercy, and sentenced to life imprisonment. No direct appeal was taken, but by means of writ of habeas corpus we have afforded to him delayed appellate review of his conviction.

Before this court Russell contends that (1) the identification of the deceased victim was not proved with the requisite sufficiency and (2) he was deprived of a fair and impartial trial because the prosecution used a member of the victim’s family as a witness. Neither point has merit.

As to identification of the deceased victim, we…