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STATE v. KLEIN

No. 66-167.

184 So.2d 904 (1966)

STATE of Florida ex rel. Frankie Lee Glenn, Petitioner, v. The Honorable Edward S. KLEIN, Judge of the Criminal Court of Record in and for Dade County, Florida, and the Honorable Richard E. Gerstein, State Attorney of the Eleventh Judicial Circuit of Florida, Respondents.

District Court of Appeal of Florida. Third District.

Rehearing Denied April 26, 1966.

Attorney(s) appearing for the Case

Henry Burnett, Miami, for petitioner.

Earl Faircloth, Atty. Gen., and Herbert P. Benn, First Asst. Atty. Gen., Richard E. Gerstein, State Atty., for respondents.

Before HENDRY, C.J., and CARROLL and BARKDULL, JJ.

CARROLL, Judge.

This is a case of original jurisdiction in prohibition in which the petitioner Frankie Lee Glenn, claiming double jeopardy, seeks to prohibit his prosecution in the criminal court of record of Dade County for the crime of robbery.

Petitioner had been indicted earlier for first degree murder under the Felony-Murder Statute, § 782.04, Fla. Stat., F.S.A., which provides that the unlawful killing of a human being when committed with perpetration...

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