Supreme Court of Florida
D. B. Herndon, in Error v. the State of Florida, in Error
February 24, 191773 Fla. 451
Summary
The Supreme Court of Florida affirmed the judgment, holding that the evidence was sufficient to support the manslaughter verdict and that the trial court did not err in denying a new trial on the grounds of insufficiency of the evidence, the admissibility of distance testimony, or the alleged lack of a justifiable homicide instruction. The court also affirmed the denial of a new trial based on newly discovered evidence, finding the evidence cumulative and not likely to produce an opposite result.