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CLARK v. STATE

No. 3068.

145 So.2d 748 (1962)

Willy Frank CLARK, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied October 26, 1962.

Attorney(s) appearing for the Case

David Goldman and Ephraim Collins, Miami, for appellant.

Richard W. Ervin, Atty. Gen., Tallahassee; Robert R. Crittenden, Asst. Atty. Gen., Lakeland, for appellee.

ALLEN, Acting Chief Judge.

Appellant, Clark, and two co-defendants, Livingston Pinder and Willie Simmons, were tried and convicted for the crime of robbery of a Kwik Chek market in Plant City, Florida.

The appellant states two points in his brief, to-wit:

1. "The court erred in failing to direct a verdict of `not guilty' where the only evidence against the defendant was circumstantial and did not exclude every hypothesis but guilt." 2. ...

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