STATE v. MILLER

No. 69-846.

231 So.2d 260 (1970)

STATE of Florida, Petitioner, v. Lewell N. MILLER and C. Arthur Bennett, Respondents.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 4, 1970.


Attorney(s) appearing for the Case

Earl Faircloth, Atty. Gen., and Arden M. Siegendorf and Ronald W. Sabo, Asst. Attys. Gen., for petitioner.

Prebish & Masin, Miami, for respondents.

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


SWANN, Judge.

Lewell N. Miller and C. Arthur Bennett were indicted and tried for murder in the first degree. The jury found them guilty and recommended mercy. They were sentenced by the Court to life imprisonment. Later the Circuit Judge ordered a new trial for both defendants. Subsequently, he ruled that the defendants could no longer be tried on a charge which could be punished by the death penalty and he refused to exercise...

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