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STATE v. COOK

No. 1438.

201 So.2d 769 (1967)

STATE of Florida, Petitioner, v. Edward H. COOK, Richard Willard Kay and Paul Panczko, Respondents.

District Court of Appeal of Florida. Fourth District.

Rehearing Denied September 11, 1967.

Attorney(s) appearing for the Case

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

Joseph A. Varon, Hollywood, for respondents.

ANDREWS, Judge.

The state petitions for writ of certiorari to review an order of the Court of Record for Broward County granting a motion to acquit the defendants, Edward H. Cook, Richard Willard Kay and Paul Panczko, of a robbery charge.

The first trial of the defendants resulted in a mistrial. The second trial resulted in a verdict of guilty. The court granted defendants' motion for a new trial on the ground that the assistant county solicitor had committed...

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