W. G. MCRANE
v.
STATE OF FLORIDA
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The Florida Supreme Court reversed a second-degree murder conviction, finding the evidence insufficient for that charge but sufficient for manslaughter. The court directed the lower court to enter a manslaughter conviction and sentence accordingly.
The evidence did not prove murder in the second degree. However, the evidence did establish the defendant's guilt of manslaughter due to the use of excessive force in making an arrest.
“After close study of the record we hold the view that the evidence did not prove murder in the second degree but did establish defendant's guilt of manslaughter resulting from the use by him of excessive force in making an arrest.”
This quote states the court's conclusion regarding the sufficiency of the evidence for the charged offense and the correct offense based on the facts.
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Join FLexlaw to unlock all legal intelligenceThe appellant was previously convicted of first-degree murder, which was reversed on appeal. Upon retrial, he was found guilty of second-degree murder…
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The appellant was originally convicted of murder in the first degree and upon appeal the judgment was reversed. McRane v. State, 142 Fla. 240, 194 So. 632. Upon retrial he was found guilty of murder in the second degree, and again appealed. After close study of the record we hold the view that the evidence did not prove murder in the second degree but did establish defendant’s guilt of manslaughter resulting from the use by him of excessive force in *23making an arrest. See 26 Am. Jur. “Homicide,” Sec. 229.
Therefore, by virtue of Section 310 of the Criminal Procedure Act the judgment is reversed with directions to the circuit court to enter one for the crime of manslaughter and pass sentence accordingly.
Reversed.
Brown, C. J., Whitfield, Buford and Thomas, J. J., concur.
Terrell, Chapman and Adams, J. J., dissent.
The evidence shows without dispute that at the time of the shooting, defendant was in the act of making a lawful arrest for a crime committed by deceased in the presence of defendant, who was an arresting official. The evidence is equally clear that at the time of the shooting the deceased was committing an assault and battery on defendant with a deadly weapon, to-wit, a shotgun.
Considering the evidence and record together it is made to appear that the homicide was not unlawful.
Terrell and Chapman, J. J., dissent.
Adams, J., dissenting.
The evidence shows without dispute that at the time of the shooting, defendant was in the act of making a lawful arrest for a crime committed by deceased in the presence of defendant, who was an arresting official. The evidence is equally clear that at the time of the shooting the deceased was committing an assault and battery on defendant with a deadly weapon, to-wit, a shotgun.
Considering the evidence and record together it is made to appear that the homicide was not unlawful.
Terrell and Chapman, J. J., dissent.
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- McRane v. State, 142 Fla. 240 (Fla. 1940)