GATES v. STATE

No. 66-928.

201 So.2d 786 (1967)

Eugene GATES, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

August 8, 1967.


Attorney(s) appearing for the Case

Robert L. Koeppel, Public Defender, and Phillip A. Hubbart and Marvin J. Emory, Jr., Asst. Public Defenders, for appellant.

Earl Faircloth, Atty. Gen., and Jesse J. McCrary, Jr., Asst. Atty. Gen., for appellee.

Before CHARLES CARROLL, C.J., BARKDULL, J., and LOPEZ, AQUILINO, Jr., Associate Judge.


PER CURIAM.

This is a battered child syndrome case. Appellant seeks review of his conviction and sentence to three years in the State penitentiary.

On December 21, 1965, the appellant carried his wife's minor daughter, Angela Denise Jones, to the Magnolia Clinic in Opa Locka, Florida. The child was dead on arrival, dying from a rupture of the liver. The appellant was charged by information with the crime of murder in the second degree. He pleaded not guilty...

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