LeHEUP v. STATE

No. 67-52.

201 So.2d 920 (1967)

Garnett C. LeHEUP, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied September 20, 1967.


Attorney(s) appearing for the Case

Harry M. Hobbs, of Hobbs, de la parte, Whigham & Gonzalez, Tampa, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and William D. Roth, Asst. Atty. Gen., Lakeland, for appellee.


SMITH, CULVER, Associate Judge.

This is an appeal from a judgment and sentence imposed on appellant in the lower Court following a jury verdict of guilty. Appellant had been charged with assault to murder in the second degree, one William Wright, Jr.

The facts bearing on this point are these: Wright, Jr., testifying for the State on direct examination, stated that about noon on the day in question he was upstairs over his father's filling station, heard a...

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