Williams v. State

168 So. 813, 127 Fla. 246, 1936 Fla. LEXIS 1441

Opinion

Buford, J.

In this case the plaintiff was convicted of murder in the first degree without recommendation to mercy.

The record fails to disclose substantial evidence of a premeditated design to effect the death of the person killed. It, therefore, app'ears that the ends of justice will be sub-served by reversing the judgment and remanding the cause for a new trial. See Courson v. State, 113 Fla. 123, 151 Sou. 542; Woodward, et al., v. State, 113 Fla. 301, 151 Sou. 509, and cases there cited.

It is so ordered.

Reversed.

Ellis, P. J., and Terrell, J., concur. Whitfield, C. J., and Brown and Davis, J. J., concur in the opinion annd judgment.