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SOSA v. STATE

Nos. 35131, 35132.

215 So.2d 736 (1968)

Jose Manuel SOSA, Appellant, v. STATE of Florida, Appellee. Richard Austin GREENE, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied December 12, 1968.

Attorney(s) appearing for the Case

Arnold D. Levine, Tampa, Tobias Simon and Alfred Feinberg, Miami, for appellants.

Earl Faircloth, Atty. Gen., and David U. Tumin, Asst. Atty. Gen., for appellee.

PER CURIAM.

After a careful review of the voluminous evidence here we are of the view that the evidence was definitely lacking in establishing beyond a reasonable doubt that the defendants committed murder in the first degree, and that the interests of justice require a new trial. The judgments are accordingly reversed and remanded for a new trial.

It is so ordered.

THOMAS, DREW, THORNAL and ERVIN, JJ., concur.

CALDWELL, C.J., and ROBERTS and...

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