CONSOLIDATED SHRIMP COMPANY, A CORPORATION, APPELLANT,

v.

ROBERT ALLEN, APPELLEE

Citator

Cited By (23 total)

• Dusty Ray Spencer v. State, 645 So. 2d 377 (Fla. 1994)
  …ife of a human being, and of the consequence of carrying such purpose into execution, the intent or design would be premeditated within the meaning of the law although the execution followed closely upon formation of the intent. McCutchen v. State, 96 So. 2d 152, 153 (Fla. 1957). The standard first-degree murder instruction, which was given to the jury in the instant case, provides in relevant part that “killing with premeditation” is killing after consciously deciding to do so. The decision must be prese…
• Spinkellink v. State, 313 So. 2d 666 (Fla. 1975)
  …Rivers v. State, 226 So. 2d 337 (Fla.1969). . See Note 3, at 763, 694. . Id. . Daniels v. State, 108 So. 2d 755 at 760 (Fla. 1959). . Victor v. State, 141 Fla. 508, 193 So. 762 (1940). . 104 So. 2d 352 (Fla.1958) at 354. . McCutehen v. State, 96 So. 2d 152 (Fla. 1957). . Anderson v. State, 24 Fla. 139, 3 So. 884 (1888) ; Wetherington v. State, 263 So. 2d 294 (Fla.App.1972). . Pearsall v. State, 215 So. 2d 58 (Fla.App. 1968), cert. den. 396 U.S. 912, 90 S.Ct. 228, 24 L.Ed.2d 188.…
• Norton v. State, 709 So. 2d 87 (Fla. 1997)
  …ase of the trial; and (8) the death penalty is disproportionate. . As to claim six, appellant’s assertion that the standard instruction given to the jury was deficient in that it failed to address all of the points enunciated in McCutchen v. State, 96 So. 2d 152 (Fla.1957), is without merit. A similar challenge was raised and rejected in Spencer v. State, 645 So. 2d 377, 382 (Fla.1994), where we stated, "This instruction addresses all of the points discussed in McCutchen, and thus properly instructs the jur…

Authorities Cited

• Sears v. Pixler, 140 Fla. 677 (Fla. 1939)
• S. Shell Fish Co., Inc. v. Plaisance, 196 F.2d 312 (5th Cir. 1952)
• Hudgins v. Garnett Ryland Gregory, 219 F.2d 255 (4th Cir. 1955)