Wilson v. State

Plaintiff in error was indicted upon the charge of murder in the first degree and was convicted of the offense of murder in the second degree. He contends here that the evidence was' not sufficient to support a verdict of murder in the second degree, relying upon Holton v. State, 87 Fla. 65, 99 Sou. 244, and on Russell v. State, 91 Fla. 370, 107 Sou. 922.

The law as enunciated in neither of those cases is applicable here. In this case there was ample evidence from which the jury could have drawn the conclusion that the defendant did not act in self defense, but, on the other hand, that he shot…