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BAKER v. STATE

Nos. 35536, 35537.

202 So.2d 563 (1967)

Bernard R. BAKER, and Charles O. Dalton, Jr., Appellants, v. STATE of Florida, Appellee.

Supreme Court of Florida.

September 20, 1967.

Attorney(s) appearing for the Case

Michael O'Haire and G. Kendall Sharp, Vero Beach, for appellants.

Earl Faircloth, Atty. Gen., and George R. Georgieff, Asst. Atty. Gen., for appellee.

O'CONNELL, Justice.

The defendants, Bernard R. Baker and Charles O. Dalton, Jr., were tried by jury and found guilty of the felony murder of Francis A. MacKenzie. The jury did not recommend mercy for either defendant, and both were sentenced to death.

On Christmas night, 1965, Dalton and Baker followed the decedent and his wife from a cocktail lounge in Vero Beach to the MacKenzie home. The defendants stopped their automobile near the driveway of the decedent...

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