Hathaway v. State

100 So.2d 662 (1958)

Robert H. HATHAWAY, Appellant,

v.

STATE of Florida, Appellee.

No. 57-284.

District Court of Appeal of Florida. Third District.

February 20, 1958.

Hughlan Long, Miami, for appellant.

Richard W. Ervin, Atty. Gen., and Irving B. Levenson, Asst. Atty. Gen., for appellee.

PEARSON, Judge.

Defendant was indicted and tried for murder in the first degree. He was found guilty of murder in the second degree, and sentenced to twenty-one years imprisonment. This appeal is from the judgment and sentence of the Court. We find it necessary to order a new trial because the defendant was deprived of…