Smith v. State

SWANN, Judge.

The appellant, Edward Herman Smith, was charged with murder in the first degree. He entered a plea of not guilty and a jury found him guilty of murder in the third degree. Smith now appeals from his judgment and sentence.

We have examined the appellant’s first point on appeal and find it to be without merit. See F.S.A. §§ 782.04 and 919.14; Brown v. State, Fla.1968, 206 So.2d 377; Killen v. State, Fla.1957, 92 So.2d 825; Hodella v. State, 158 Fla. 94, 27 So.2d 674 (1946); and Luke v. State, Fla.App.1967, 204 So.2d 359.

In his second point on appeal, Smith argues that the trial…