Summary
In Russ v. State, Fla. 1957, 92 So.2d 811, this Court affirmed the judgment of guilty and sentence of death for murder in the first degree. Thereafter, Mr. Russ petitioned this Court for permission to apply to the trial court for writ of error coram nobis and we granted the request in the opinion reported in Russ v. State, Fla. 1957, 95 So.2d 594. Pursuant to our mandate in the last cited case Mr. Russ filed his petition for the writ.
Summary of this case from Russ v. StateOpinion
January 16, 1957. Rehearing Denied March 13, 1957.
Appeal from Circuit Court, Highlands County; William P. Allen, Judge.
Otis Whitehurst, Okeechobee, and Raymond E. Ford, Fort Pierce, for appellant.
Richard W. Ervin, Atty. Gen., and Jos. P. Manners, Asst. Atty. Gen., for appellee.
We have examined and considered the record in this case in the light of briefs filed and have also, pursuant to sub-paragraph (2) of Section 924.32, Florida Statutes 1941, and F.S.A. reviewed the evidence to determine if the interest of justice requires a new trial, with the result that we find no reversible error is made to appear and the evidence does not reveal that the ends of justice require a new trial to be awarded.
Affirmed.
TERRELL, Chief Justice, and THOMAS, HOBSON, ROBERTS, DREW, THORNAL, and O'CONNELL, JJ., concur.