GRADWELL v. STATE, 303 So.2d 59 (Fla.App. 4 Dist. 1974)

LEONARD GRADWELL, JR., APPELLANT, v. STATE OF FLORIDA, APPELLEE.

No. 73-1426.District Court of Appeal of Florida, Fourth District.
November 8, 1974.

Appeal from Circuit Court, Broward County; Robert W. Tyson, Jr., Judge.

Richard L. Jorandby, Public Defender, Kenneth J. Scherer and Elliot R. Brooks, Asst. Public Defenders, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and C. Marie Bernard, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

CROSS and MAGER, JJ., concur.

OWEN, C.J., dissents with opinion.

OWEN, Chief Judge (dissenting):

Appellant was charged with second degree murder by strangulation and after a jury trial was found guilty as charged. Of the several points raised on appeal, I feel that two have sufficient merit to require reversal of the judgment, i.e., the insufficiency of the proof of the corpus delicti and the insufficiency of the evidence to sustain the conviction.

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