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STATE v. KADET

No. 83-1129.

455 So.2d 389 (1984)

STATE of Florida, Appellant, v. Edward G. KADET, Appellee.

District Court of Appeal of Florida, Fifth District.

September 13, 1984.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Richard W. Prospect, Asst. Atty. Gen., Daytona Beach, for appellant.

Craig Stephen Boda of Judge & Warren, P.A., Daytona Beach, for appellee.

FRANK D. UPCHURCH, Jr., Judge.

The state appeals from an order dismissing an indictment which had charged Officer Edward Kadet with unnecessary killing to prevent an unlawful act, a violation of section 782.11, Florida Statutes (1981). The court below found that the facts presented did not constitute a prima facie case of violation of the statute. The court reasoned that unless a killing was committed in an attempt to resist or stop an unlawful act independent from...

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