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BRANCH v. STATE

No. 63-577.

162 So.2d 528 (1964)

Sammy BRANCH, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied April 24, 1964.

Attorney(s) appearing for the Case

Robert L. Koeppel, Public Defender, W. Eugene Neill and Marco Loffredo, Asst. Public Defenders, for appellant.

James W. Kynes, Jr., Atty. Gen., and Leonard R. Mellon, Asst. Atty. Gen., for appellee.

Before BARKDULL, C.J., and HORTON and TILLMAN PEARSON, JJ.

HORTON, Judge.

This appeal is from the denial of appellant's motion for new trial considered by the trial court as a motion to vacate or set aside a judgment and conviction pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix. The appellate courts of this state have already passed on questions similar to those raised by this appeal. Therefore, upon the authority of King v. State, Fla.App. 1963, 157 So.2d 440, and Barker...

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