Smith v. State (305 So. 2d 876, 1974)

PER CURIAM.

This court’s prior opinion, 1973, 282 So.2d 179, reversing the judgment against Ray D. Smith was quashed by the supreme court. State v. Smith, Fla.1974, 300 So.2d 257. The supreme court remanded to us for consideration of other points on appeal not dealt with in our earlier opinion. A review of those points indicates that the error, if any, is harmless. Fla.Stat. § 924.-33 (1971).

Affirmed.

McNULTY, C. J., BOARDMAN, J., and EVANS, VERNON W., Jr., Associate Judge, concur.

ON REHEARING

PER CURIAM.

Rehearing denied.

McNULTY, C. J., and BOARDMAN, J., concur.

EVANS, VERNON W., Jr., Associate Judge, dissents.

EVANS, Associate Judge

(dissenting).

I would grant rehearing. In my view, even assuming the jury was properly charged on all degrees of homicide, the evidence is insufficient to support any verdict or judgment higher than manslaughter.