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STATE v. GARCIA

No. 69-417.

224 So.2d 395 (1969)

STATE of Florida, Plaintiff, v. Domingo GARCIA, Defendant.

District Court of Appeal of Florida. Third District.

May 29, 1969.

Attorney(s) appearing for the Case

Earl Faircloth, Atty. Gen., and Arden M. Siegendorf, Asst. Atty. Gen., Gordon G. Oldham, Jr., Assigned State Atty., and Charles D. Edelstein, Asst. State Atty., for plaintiff.

Richard G. Taylor, Miami, for defendant.

Before CHARLES CARROLL, C.J., and PEARSON and HENDRY, JJ.

CHARLES CARROLL, Chief Judge.

We have for decision a question certified to this court under Rule 4.6 FAR, 32 F.S.A. by a judge of the circuit court of Dade County, in a cause there pending (Criminal No. 2531) for the prosecution of one Domingo Garcia under an indictment for forcible rape, a capital offense under § 794.01 Fla. Stat., F.S.A., to which he has entered a plea of not guilty.1

The question, briefly stated, is whether...

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