JOE BROOKS
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the record showed ample time for premeditation and that no reversible error was made to appear.
Appellant was convicted of first-degree murder. The sole issue on appeal was whether four or five minutes was sufficient time for premeditation.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Homicide cases and more on FLexlaw
Appellant, having been indicted and convicted of murder in the first degree, has perfected his appeal to this court.
The only question which he presents for our consideration is, as stated by appellant:
“Considering the facts in this case, is four or five minutes a sufficient length of time for premeditation?”
The contention of appellant is that he did not have more than four or five minutes before the homicide in which to form and entertain a premeditated design to effect the death of the deceased. The record shows that the appellant not only had ample time in which to form and entertain a premeditated design to effect the death of the deceased, but it also shows he did do exactly that and that, pursuant to such premeditated design, he did, without justification or excuse, shoot and kill the deceased.
No reversible error is made to appear.
*185The judgment should be affirmed on authority of our opinions and judgments in Crawford v. State, 146 Fla. 727, 1 So. (2nd) 713; Ryan v. State, 83 Fla. 610, 92 So. 571; Lowe v. State, 90 Fla. 255, 105 So. 829; Matthews v. State, 130 Fla. 53, 177 So. 321.
It is so ordered.
Affirmed.
CHAPMAN, C. J., TERRELL, THOMAS, ADAMS, and BARNS, JJ., and HARRISON, Circuit Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Lowe v. State, 90 Fla. 255 (Fla. 1925)
- Ryan v. State, 83 Fla. 610 (Fla. 1922)
- Jecy Crawford v. State, 146 Fla. 729 (Fla. 1941)
- Matthews v. State, 130 Fla. 53 (Fla. 1937)