Davis v. State

90 So.2d 629 (1956)

Hoyt Dan DAVIS, Appellant,

v.

STATE of Florida, Appellee.

Supreme Court of Florida. Division A.

November 16, 1956.

Walter A. Shelley and Horn & Ossinsky, Daytona Beach, for appellant.

Richard W. Ervin, Atty. Gen., and Jack A. Sudduth, Tallahassee, for appellee.

THORNAL, Justice.

Having been tried on an indictment charging first degree murder, appellant Davis seeks reversal of a judgment of guilt and sentence to thirty years in the state prison pursuant to a verdict of the jury finding him guilty of second degree murder with a recommendation for mercy.

We are called upon to determine…