STATE EX REL. JOHNSTON

v.

MCCORD

Citator

Cited By (16 total)

• Lightbourne v. State, 438 So. 2d 380 (Fla. 1983)
  …he first degree, regardless of whether the murder was committed with premeditated design or in the perpetration of the enumerated felonies. Knight v. State, 338 So. 2d 201 (Fla.1976); Barton v. State, 193 So. 2d 618 (Fla. 2d DCA 1966), cert. denied, 201 So. 2d 459 (Fla.1967). Consequently, the indictment was not vague or overbroad since it specifically apprised the defendant of the criminal acts allegedly committed which support the charge of first-degree murder. The defendant’s final challenge under Point I…
• Palmes v. State, 397 So. 2d 648 (Fla. 1981)
  …o testify about his state of mind. In the absence of evidence of threats, promises, or the like, this testimony about state of mind would have been irrelevant at the pretrial hearing. Barton v. State, 193 So. 2d 618 (Fla. 2d DCA 1966), cert. denied, 201 So. 2d 459 (Fla.1967). This is because the inquiry at the pretrial hearing on the admissibility of a confession is primarily the question of voluntariness; later, before the jury, the question is what weight to give the confession in determining guilt. The def…
• Adams v. State, 412 So. 2d 850 (Fla. 1982)
  …dered the victim, unlawfully, from a premeditated design by strangling. Under this charge, the state could prosecute under both a theory of premeditation and a theory of felony-murder. Barton v. State, 193 So. 2d 618 (Fla.2d DCA 1966), cert. denied, 201 So. 2d 459 (1967). The record shows that defendant had visited in the home of the victim and she voluntarily accompanied defendant during the fatal ride. The evidence is sufficient to sustain a finding that the death was caused by strangulation, not by the de…