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SMITH v. STATE

No. 68-52.

217 So.2d 359 (1968)

Edward Herman SMITH, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied January 29, 1969.

Attorney(s) appearing for the Case

Philip Carlton, Jr., Miami, George D. Gold, for appellant.

Earl Faircloth, Atty. Gen., and Melvin Grossman, Asst. Atty. Gen., for appellee.

Before HENDRY and SWANN, JJ., and WHITE, JOSEPH S., Associate Judge (Ret.).

SWANN, Judge.

The appellant, Edward Herman Smith, was charged with murder in the first degree. He entered a plea of not guilty and a jury found him guilty of murder in the third degree. Smith now appeals from his judgment and sentence.

We have examined the appellant's first point on appeal and find it to be without merit. See F.S.A. §§ 782.04 and 919.14; Brown v. State, Fla. 1968, 206 So.2d 377; Killen v. State...

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