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STATE v. GARCIA

No. 38790.

229 So.2d 236 (1969)

The STATE of Florida, Petitioner, v. Domingo GARCIA, Respondent.

Supreme Court of Florida.

December 10, 1969.

Attorney(s) appearing for the Case

Richard E. Gerstein, State's Atty., Jack R. Blumenfeld and Charles D. Edelstein, Asst. State's Attys., Earl Faircloth, Atty. Gen., and Arden M. Siegendorf, Asst. Atty. Gen., for petitioner.

Richard G. Taylor, Miami, for respondent.

ADKINS, Justice.

This cause is here on petition for writ of certiorari supported by certificate of the District Court of Appeal, Third District, that its decision reported in 224 So.2d 395 is one which involves a question of great public interest. See § 4(2), art. V, Fla. Const., F.S.A.

The only question presented is whether a trial by jury can be waived by a defendant who, under indictment for a capital offense, has...

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