ADKINS v. SMITH

No. 812.

197 So.2d 865 (1967)

Dorothy ADKINS, Petitioner, v. D.C. SMITH, Circuit Judge of the Ninth Judicial Circuit in and for Indian River County, Florida, Respondent.

District Court of Appeal of Florida. Fourth District.

Rehearing Denied May 9, 1967.


Attorney(s) appearing for the Case

Walter T. Erickson, Vero Beach, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and James T. Carlisle, Asst. Atty. Gen., Vero Beach, for appellee.


ANDREWS, Judge.

Dorothy Adkins petitions this court for a rule absolute to prohibit further proceedings by the respondent in the circuit court in the prosecution of petitioner for first degree murder.

Petitioner was indicted for first degree murder and brought to trial before the respondent, Circuit Judge D.C. Smith. A jury of twelve and one alternate juror were selected and sworn. The judge declared a recess and directed the jury to withdraw into the jury...

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