The judgment herein of conviction of murder in the first degree with a recommendation to mercy, is reversed on the authority of Nims v. State, 70 Fla. 530, 70 South. Rep. 565; Davis v. State, 76 Fla. 179, 79 South. Rep. 450; Baker v. State, 54 Fla. 12, 44 South. Rep. 719; Smithie v. State, 84 Fla. 498, 94 South. Rep. 156; Richardson v. State, 80 Fla. 634.
Reversed for new trial.
Taylor, C, J., and Whitfield, Ellis, Browne and West, J. J., concur.