STATE EX REL. PRYOR v. SMITH

No. M-277.

239 So.2d 85 (1970)

STATE of Florida, ex rel. Osborne Wendell PRYOR, Relator, v. Samuel S. SMITH, Circuit Judge of the Circuit Court in and for the Third Judicial Circuit in and for Columbia County, Florida, Respondent.

District Court of Appeal of Florida, First District.

Rehearing Denied September 22, 1970.


Attorney(s) appearing for the Case

James E. Moore, Jr., Merritt Island, and E. Wilson Crump, II, Niceville, for relator.

Earl Faircloth, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., for respondent.


PER CURIAM.

This is an original action in prohibition by which relator seeks to prevent his trial on first degree murder charges on the constitutional ground of double jeopardy.

Relator was indicted and tried for first degree murder. While the jury was deliberating the case after a four-day trial, four photographs of the murder victim and a deposition of one of the State's witnesses, neither of which was entered into evidence, were allowed into the jury room...

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