Browne v. State

Chillingworth, Circuit Judge.

Plaintiff in error, hereinafter referred to as the defendant, was convicted and thereafter, on April 30, A. D. 1925, sentenced to death on an indictment charging murder in the first degree. The case was before this court on one other occasion. Brown v. State, 88 Fla. 457, 102 South. Rep. 546.

In view of the nature of the case we deem it advisable to discuss seriatum the assignments of error in the order presented by briefs of counsel.

The first assignment of error alleged is the denial of defendant’s motion for continuance. The motion was based on the absence of the…