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LAWRENCE v. STATE

No. 65-672.

182 So.2d 467 (1966)

Dale O. LAWRENCE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

February 8, 1966.

Attorney(s) appearing for the Case

Robert L. Koeppel, Public Defender and Phillip A. Hubbart, Asst. Public Defender, for appellant.

Earl Faircloth, Atty. Gen., and Barry N. Semet, Asst. Atty. Gen., for appellee.

Before CARROLL, BARKDULL and SWANN, JJ.

PER CURIAM.

The appellant has appealed from an order denying his motion to vacate his judgment and sentence [murder in the first degree] under Criminal Procedure Rule No. One, F.S.A. ch. 924 Appendix. The appellee's motion to quash is before us for determination.

It is admitted that in order for appellant to prevail, it would be necessary to apply the rule of Escobedo v. State of Illinois, 1964, 378 U.S. 478, 84 S.Ct. 1758,...

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