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MILLER v. STATE

No. C-413.

134 So.2d 513 (1961)

Arthur James MILLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. First District.

November 14, 1961.

Attorney(s) appearing for the Case

Carlton L. Welch, Jacksonville, for appellant.

Richard W. Ervin, Atty. Gen., and Joe L. McClung, Asst. Atty. Gen., for appellee.

WIGGINTON, Judge.

This cause is before the court on the State's motion to dismiss the appeal on the ground that the notice thereof was not filed within ninety days after entry of the judgment or sentence as required by statute,1 and this court therefore has no jurisdiction to entertain the appeal.

Appellant was tried and convicted of murder in the second degree in the Circuit Court of Madison County. Judgment and sentence were...

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