Merlin Leiby, 1952 June 30

there. After they had driven for some distance, Leiby said that
Applebaum had changed his mind CWE ———

forced to shoot him in self-defense, The fact that Applebaum had
teen shot several times with one bullet wound in the head tended to
disprove the claim of self-defense and leiby was convicted under
Floridats Pfransitude X&K Statute" which provided that where a crime
was committed in the course of a journey it could: be tried in any
county on the route. His attorney argued before the State Supreme
Coubt that this statute was unconstitutional in that it was ih con-
flict with the provision of Florida's Constitution which dechared
that a crime mst be tried in the County where it was committed and
the Court granted heiby a new trial. On tie assumption: that hé had
killed Appledaum in Collier County where the boyd was Ppund, he was
tried for a second time in that County, convicted and sentenced to
die, At the time that he was Sentenced, Appleba um's sister request-
ed of the judge that she be allowed to witness the execution and the
request was, of course, summarily denied, The appeal of his second
conviction was unsuccessufitl, and, prior to his being EANEX trans~
ferred to Raiford Prison, he made an unsuccessful attempt to escape
pon ene tee He oc eT eocuted on June 30, 1952,

Vid Me Armstrong, THE NAPIES DAILY NEWS, Naples a
Bye’ harold Smith, 20th Morida Judicial cirouit? Napies

there, After they had driven for same distance » beiby said that

Applebaum had changed his mind, j Gee]

forced to shoot him in self-defense, The fact that Applebaum had
teen shot several times with one bullet wound in the. head tended to
disprove the claim of self-defense and leiby was convicted under
Florida's ?fransitude X&k Statute" which provided that where a crime
was committed in the course of a journey it could: be tried in any
county on the route. His attorney argued before the State Supreme
Coubt that this statute was unconstitutional in that it was ih con-
flict with the provision of Florida's Constitution which dechared
that a crime mst be tried in the County where it was committed and
the Court granted Beiby a new trial. On the assumption: that hé had
killed AppleBaum in Collier County where the boyd was fpind, he was
tried for a second time in that County, convicted and sentenced to
die, At the time that he was sentenced, Appleba um's sister request-
ed of the judge that she be allowed to witness the execution and the
request was, of course, summarily denied, The appeal of his second
conviction was unsuccessufil, and, prior to his being KANEX trans-
ferred to Raiford Prison, he made an unsuccessful attempt to escape
from the jail. He was electrocuted on June 30, 1952.
David M. Armstrong , THE NAPIHS DAILY NEWS, Naples, Fla,
Judge Harold Smith, 20th Ploriga Judicial Circuit, Naples

50 SOUTHARN REPORTER 2nd SERIES 529

ny
¢ rney argued before the State. Supreme
Coubt that this statute was unconstitutional in that it was in con«
flict with the provision of Florida's Constitution which deckared

that a crime mst be tried in the County where it was committed and

al, On the assumption that hb had

Appleba um's sister request-|
itness the ex-cution and the
«The appeal of his second
ssufil, and, prior to his being EAHA trans-
ferred to Raiford Prison, he made an unsuccessful attempt to escape
fron the jail, He was electrocuted on June 30, 1952,
David Me Armstrong, Tis NAPISS DAILY NEWS, Naples, Fla,
gudge Harold Smith, 20th Florida Judicial Circuit, Naples
50 SOUTHFRN REPORTER 2nd SERIES $29

eee Se a,
Hap tis
a Hu

i
fate

ae?

LEIBY, Merlin James

Leiby, a 22-year-old white man, was in a Miami, Fla,, hotel bar on
March 11, 191.9, when he met Leonard Applebaum, a 26-year-old vaca-
tioning Baltimore pharmackst. The two men became friendly over drinks
and Yeiby persuaded Applebaum to accompany him on a sight-seeing trip
over South Florida, Leiby returned to Miami alone and, posing as
Applebaum, sold the latterts automobile and cashed his travalers's
checks, Using one of his aliases, he flashed aarge sums of money
around before finally leaving Miami after purchasing another car in
his own name. Applebaum's family reported him missing and on March
15, gis body, repidly decomposing, was found under Bridge 98 on the
Tamiami Trail in Collier Countye lLeiby was arrested on suspicion in
Jacksonville on March 21 and at the tine was wearing Applebaum's cloth
and carrying his identification, “nen he was taken to the police sta-
tion, he admitted his identity and told of having ikeltum concealed
Appleahaum's body udnerneath the bridge, leiby maintained that after
they had met in the bar, they had gone to Applebaum's hotel room where
they had played craps until Leiby had won everything that the pharma-
cist had including his automobile, He said that Ieiby ‘did not have

enough money to settle with him but told him that he had friends in

Miami who would lend him the money and that they lef$ the hotel to go

LEIBY, Merlin James

Leiby, a 22-year-old white man, was ina Miami, Fla,, hotel bar on
March 11, 1949, when he met Leonard Applebaum, a 26-year-old vaca~
tioning Baltimore pharmdc&st. The two men became friendly over drinks
and deiby persuaded Applebaum to accompany him on a sight-seeing trip
over south Florida, Leiby returned to Miami alone and, posing as
Applebaum, sold the latter's automobile and cashed his travélers's
checks, Using one of his aliases, he flashed aarge sums of money
around before finally leaving Miami after purchasing another car in
his own name. Applebaum's family reported him missing and on March
15, gis body, repidly decomposing, was found under Bridge 98 on the
Tamiami Trail in Collier County. leiby was arrested on suspicion in
Jacksonville on March 21 and at the time was wearing Applebaum's clothe
and carrying his identification, “nen he was taken to the police sta-
tion, he admitted his identity and told of having jexektum concealed
Appleahaum's body udnerneath the bridge. lLeiby maintained that after
they had met in the bar, they had gone to Applebaum's hotel room where
they had played craps until Leiby had won everyihing that the pharma-
cist Spa elape Step automobile, He said that leiby did not have
enough money to settle with him but told him that he had fri i
Miami who would lend him the money and that they lefy the Hous ce

LaIBY, Merlin James

Teiby, @ 22-year-old white man, was in a Miami, Fla,, hotel bar on
March 11, 1949, when he met leonard Applebaum, a 26
tioning Baltimore pharmacist.

leiby was arrested on suspicion in
the time was wearing Applebaum's cloth

rything that the pharma-

a He said that Ieiby did not have

nough money told him that he had friends in
Miami who and that they lef the hotel to go

he acorn that 'Uny Taye Se asg