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STATE v. PEEL

No. 397.

111 So.2d 728 (1959)

STATE of Florida, Appellant, v. Joseph Alexander PEEL, Jr., Appellee.

District Court of Appeal of Florida. Second District.

April 29, 1959.

Attorney(s) appearing for the Case

Richard W. Ervin, Atty. Gen., David U. Tumin, John C. Reed, Asst. Attys. Gen., for appellant.

Sidney J. Catts, Jr., Hal S. Ives, West Palm Beach, J. Frank Maynard, Jr., Lake Park, for appellee.

ALLEN, Judge.

This is an appeal by the State from an order granting a motion to quash an information. The appellee, Peel, was charged with being a principal in the second degree in an assault with intent to kill one, Harold Gray, by another, Floyd Albert Holzapfel. Holzapfel had previously been indicted for such assault, and upon trial, he had been found not guilty. Peel then was charged as above mentioned and he moved to quash the information on the ground that Holzapfel...

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