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SMITH v. STATE

No. 6961.

187 So.2d 61 (1966)

Earnest Donald SMITH, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida. Second District.

June 3, 1966.

Attorney(s) appearing for the Case

C.J. Abernathy, of Jenkins & Abernathy, St. Petersburg, for petitioner.

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

ALLEN, Chief Judge.

Petitioner Smith, defendant below, filed a petition for certiorari seeking to review an order denying a motion for continuance, filed by newly secured attorneys, in the first degree murder case wherein a new trial had been granted by the court below.

The petitioner was tried and convicted in August, 1965. A motion for a new trial, filed by his privately retained counsel, was granted on January 21, 1966. The court set the new trial for January...

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