Brown v. State

THOMAS, J.:

Appellant ran his victim down and killed her with a knife in circumstances that would have justified a verdict of guilty of murder in the first degree. He cannot, therefore, complain of his conviction of murder in the second degree.

He questions compliance by the court with the provisions of Section 4368, C.G.L., 1927, Section 54.22, Florida Statutes, 1941, relating to the manner in which a jury may be required further to consider a case after reporting to the court an inability to agree.

The statute comes into play when, following the court’s instructions on the controlling law and…