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KELLY v. STATE EX REL. MORGAN

54 So.2d 431 (1951)

KELLY, Sheriff, v. STATE ex rel. MORGAN.

Supreme Court of Florida, en Banc.

Rehearing Denied December 13, 1951.

Attorney(s) appearing for the Case

Richard W. Ervin, Atty. Gen., and Reeves Bowen, Asst. Atty. Gen., for appellant.

O.B. White and E.S. Corlett, III, Miami, for appellee.

TERRELL, Justice.

In December 1949 James Morgan was arrested on a criminal charge and on February 23, 1950, he was given a preliminary hearing before a Justice of the Peace. He was charged with murder in the first degree and bound over without bond, subject to the action of the Grand Jury. May 8, 1950, he was indicted for murder in the second degree and entered a plea of not guilty. He was tried August 22, 1950, resulting in a mistrial. The case was then set for trial...

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