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GRAGG v. STATE

No. 65-11.

177 So.2d 59 (1965)

Von Dee GRAGG, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

June 29, 1965.

Attorney(s) appearing for the Case

Jack R. Nageley, Miami Beach, for appellant.

Earl Faircloth, Atty. Gen., and James T. Carlisle, Asst. Atty. Gen., for appellee.

Before CARROLL, HENDRY and SWANN, JJ.

HENDRY, Judge.

This is an appeal of a third degree murder conviction and sentence based on a jury verdict.

Appellant was informed against and tried for murder in the second degree. The jury returned a verdict of guilty of murder in the third degree. Appellant's motion for a new trial was denied and he now prosecutes this appeal. In support of his appeal appellant contends:

(1) the trial court erred in failing to grant his motion for a mistrial based...

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