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STATE v. BROWN

No. 1247.

118 So.2d 574 (1960)

STATE of Florida, Appellant, v. Ike BROWN, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied March 14, 1960.

Attorney(s) appearing for the Case

Richard W. Ervin, Atty. Gen., George R. Georgieff, Asst. Atty. Gen., Gordon G. Oldham, Jr., State Atty., Leesburg, John W. McCormick, Asst. State Atty., Tavares, Fifth Judicial Circuit, for appellant.

M.C. Scofield, Inverness, and W.B. Hunter, Tavares, for appellee.

ALLEN, Chief Judge.

Ike Brown, the appellee here, was found guilty by the jury of murder in the second degree. A motion for a new trial was filed. The presiding judge entered an order granting a new trial to the defendant, Brown. This appeal followed the order granting a new trial.

The question of law involved in this case is whether or not a judge, trying a defendant charged under an indictment of first degree murder and convicted of murder in the second...

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