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WAKEMAN v. STATE

No. 2629.

237 So.2d 61 (1970)

Nancy W. WAKEMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 29, 1970.

As Modified on Denial of Rehearing June 29, 1970.

Attorney(s) appearing for the Case

Joseph D. Farish, Jr., of Farish & Farish, West Palm Beach, and Max B. Kogen, Miami, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and Charles W. Musgrove, Asst. Atty. Gen., West Palm Beach, for appellee.

McCAIN, Judge.

Defendant appeals from an order of probation entered after a jury found her guilty of aggravated assault with a recommendation of mercy. We reverse.

Upon arriving at defendant's home at about 12:45 a.m. a police officer found her husband lying on the floor of the bedroom with blood on his pajama tops. In response to the officer's question, the victim said the defendant had shot him.

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