Albert Herman Freer v. Richard L. Dugger, Secretary, Department of Corrections, Robert A. Butterworth, Attorney General, State of Florida

CLARK, Circuit Judge:

FACTS

Appellee, Albert Herman Freer, was indicted on charges of first degree murder and armed robbery in the circuit court in and for Escambia County, Florida. At the end of the first trial, the jury returned a verdict of guilty to the lesser included offenses of second degree murder and grand theft. The state's case at trial was based exclusively on circumstantial evidence. At a hearing held on defendant’s motion for judgment of acquittal, defense counsel argued that the state failed to prove its case beyond a reasonable doubt. The trial judge after hearing argument on…