Rehearing Denied Sept. 22, 1944.
Appeal from Circuit Court, Dade County; Marshall C. wiseheart, judge.
Vincent C. Giblin, of Miami, for appellant.
J. Tom Watson, Atty. Gen., John C. Wynn, Asst. Atty. Gen., and Bourke Floyd, Sp. Asst. Atty. Gen., for appellee.
BUFORD, Chief Justice.
The appellant, having been convicted of the offense of murder in the second degree under an indictment charging him with murder in the first degree, has perfected and presented his appeal to this Court.
On brief two questions are posed for our consideration stated as follows:
'In a trial on an indictment charging murder in the first degree, where there is no evidence that the accused had any [154 Fla. 840] ill will, hatred or spite toward the deceased, but the evidence shows the accused shot and killed the deceased only after the deceased had fired a load of buckshot into the ...