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STATE v. SHIVER

No. 5186.

174 So.2d 778 (1965)

STATE of Florida, Appellant, v. Emory Alger SHIVER, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied May 17, 1965.

Attorney(s) appearing for the Case

Earl Faircloth, Atty. Gen., Tallahassee, Robert G. Stokes, Asst. Atty. Gen., Lakeland, for appellant.

David L. McCain, of Carlton & McCain, Ft. Pierce, for appellee.

ANDREWS, Judge.

This matter is before the court on a motion of Emory Alger Shiver to dismiss an appeal by the State from an order granting motion for directed verdict entered by the court several weeks after a jury had found the defendant guilty as charged.

The defendant entered a plea of not guilty, and the cause was tried before a jury. The defendant moved for directed verdict of not guilty at the conclusion of the State's presentation of its case, and again...

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