HERMAN DEESE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1973-12-14
No. 73-130
OWEN, C. J., and CROSS, J., concur.
287 So. 2d 361 Florida District Court of Appeal, Fourth District (1973) Negative Treatment
Cited by 8 cases

Opinion of the Court
DOWNEY, Judge.

DOWNEY, Judge.

Appellant was charged with murder in the second degree, convicted of manslaughter and sentenced to fifteen years. He seeks appellate review of the trial court’s failure to direct a verdict of acquittal.

We have examined the briefs and the entire record and find the evidence insufficient upon which to base the conviction. Getsie v. State, Fla.App.1966, 193 So. 2d 679.

Accordingly, the Judgment of Conviction is reversed and the cause remanded for a new trial.

OWEN, C. J., and CROSS, J., concur.


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  • Cmty. Design Corp. v. Antonell, 459 So. 2d 343 (Fla. 3d DCA 1984)
    …. While the exact amount of the bonus2 and the degree of completion required3 were disputed, there was sufficient evidence for the jury to find an oral contract between the parties with terms which support the award in this case. Goetz v. Brialmont, 287 So. 2d 361 (Fla. 3d DCA 1973). CDC asserts that there was no agreement as to exactly how much each employee would receive. While this is true, it is necessarily so because the bonus was to be divided among those still employed at Christmastime and in amounts…
  • Keller v. Christal C. Keller, 348 So. 2d 654 (Fla. 3d DCA 1977)
    …NATHAN, Judge. This is an appeal by the husband, Henry A. Keller, Jr., from certain provisions of a final judgment of dissolution of marriage. The prior history of this matrimonial dispute is reported in Keller v. Keller, 287 So. 2d 361 (Fla. 3d DCA 1973); and in Keller v. Keller, 308 So. 2d 106 (Fla.1975), wherein the cause was remanded to the circuit court to reconsider the entire case de novo including the taking of further evidence as necessary for a proper resolution. [*655] O…
  • State v. Deese, 296 So. 2d 48 (Fla. 1974)
    …Certiorari denied. 287 So. 2d 361. ROBERTS, ERVIN, BOYD and OVERTON, JJ., concur. ADKINS, C. J., dissents.…

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