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SMITH v. STATE EX REL. HAMM

No. 37591.

225 So.2d 417 (1969)

Harold S. SMITH, As Judge of the Circuit Court of the Twelfth Judicial Circuit in and for Collier County, Florida, Appellant, v. STATE of Florida ex rel. Clayton Alvin HAMM, Appellee.

Supreme Court of Florida.

July 23, 1969.

Attorney(s) appearing for the Case

Frank Schaub, Bradenton, and J. Blan Taylor, Naples, for appellant.

B. Clark Nichols, of Carroll, Vega, Brown & Nichols, Naples, for appellee.

PER CURIAM.

We here review a decision by the District Court of Appeal, Second District, prohibiting further trial on a charge of murder by appellee on the theory of former jeopardy after a mistrial had been declared by the trial court. The factual background, circumstances and ruling are reported in the decision of the District Court in State ex rel. Hamm v. Smith, etc., 209 So.2d 876, and it would be useless to repeat them here...

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