MOSES GRAHAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1968-09-23
No. 1679
McCAIN and REED, JJ., concur.
214 So. 2d 72 Florida District Court of Appeal, Fourth District (1968)

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Synopsis

The appellate court affirmed the conviction of a defendant for second-degree murder and aggravated assault, finding no merit in his pro se appeal. The defendant, represented by retained counsel at trial, chose to represent himself on appeal after his motion for a new trial was denied.


Holding

No, the matters assigned as error by the trial court are without merit, and the evidence supports the jury's verdict.


Key Quotes

“The evidence clearly shows that the appellant shot both the Newmans with a pistol which he attempted to justify as self-defense to a jury at trial.”

Establishes the factual basis for the conviction and the defense presented.

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Facts & Procedural History

The appellant was charged with second-degree murder and aggravated assault. He was represented by retained counsel at trial, where he claimed self-def…

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Opinion of the Court
BARNS, PAUL D., Associate Judge.

BARNS, PAUL D., Associate Judge.

Appellant was represented by his retained counsel at trial upon an Information charging him with murder in the second degree of one Sam Newman and an aggravated assault on one Daniel Newman.

After denial of a motion for a new trial and adjudication of guilt and sentence, the defendant has prosecuted this, his pro se appeal. He refused the offer of the trial court to appoint counsel to assist him in this appeal. The evidence clearly shows that the appellant shot both the Newmans with a pistol which he attempted to justify as self-defense to a jury at trial. The jury appears to have been properly instructed on the issues of fact submitted for its determination and applicable law, and the evidence supports the verdict finding the defendant guilty on each count. The matters assigned as error of the trial court are without merit. The judgment appealed from is affirmed.

Affirmed.

McCAIN and REED, JJ., concur.


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