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GERTMAN v. STATE

No. 68-941.

223 So.2d 798 (1969)

James GERTMAN, a/K/a Jimmie Gertman, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

June 10, 1969.

Attorney(s) appearing for the Case

Robert L. Koeppel, Public Defender, and John K. Aurell, Special Asst. Public Defender, for appellant.

Earl Faircloth, Atty. Gen., and Jesse J. McCrary, Jr., Asst. Atty. Gen., for appellee.

Before PEARSON, HENDRY, and SWANN, JJ.

PEARSON, Judge.

James Gertman was charged by indictment with first degree murder. He was tried before a jury and found guilty of murder in the first degree with a recommendation of mercy. He was sentenced to life in prison at hard labor and is presently serving the sentence. Gertman is an indigent and he has brought this appeal with the aid of a Special Assistant Public Defender.

Although the indictment charged Gertman with first degree murder by shooting...

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