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STATE EX REL. D'ANDREA v. SMITH

No. 6845.

183 So.2d 34 (1966)

STATE of Florida ex rel. Thomas Michael D'ANDREA, Petitioner, v. Harold S. SMITH, As Judge of the Twelfth Judicial Circuit of Collier County, Florida, Respondent.

District Court of Appeal of Florida. Second District.

February 9, 1966.

Attorney(s) appearing for the Case

Ernest W. Yocom, Miami, for petitioner Thomas M. D'Andrea.

Earl Faircloth, Atty. Gen., Tallahassee, Robert R. Crittenden, Asst. Atty. Gen., Lakeland, for respondent.

Frank Schaub, State Atty., Bradenton, amicus curiae.

ALLEN, Chief Judge.

Petitioner filed suggestion for writ of prohibition to the Circuit Court of Collier County. Petitioner, Thomas Michael D'Andrea was tried in the court below. A verdict was returned finding him not guilty. The jury was discharged from the cause.

Subsequent to the discharge of the defendant-petitioner, July 21, 1965, the court recalled the jurors on his own motion for a hearing before him. Affidavits of the

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