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SOSA v. MAXWELL

Nos. 69-443, 69-592.

234 So.2d 690 (1970)

Jose Manuel SOSA, Relator, v. The Honorable Oliver C. MAXWELL, As Circuit Judge of the Thirteenth Judicial Circuit of the State of Florida, in and for Hillsborough County, Respondent. Richard Austin GREENE, Relator, v. The Honorable Oliver C. MAXWELL, As Circuit Judge of the Thirteenth Judicial Circuit of the State of Florida, in and for Hillsborough County, Respondent.

District Court of Appeal of Florida, Second District.

Rehearings Denied May 27, 1970.

Attorney(s) appearing for the Case

Arnold D. Levine of Levine & Freedman, Tampa, for relator Sosa.

A. Dallas Albritton, Jr., Tampa, for relator Greene.

Earl Faircloth, Atty. Gen., Tallahassee, James Robert Yon, Special Asst. Atty. Gen., Tallahassee, and Paul Antinori, Jr., of Antinori, Cazin, Cohen & Thury, Tampa, for respondent.

LILES, Acting Chief Judge.

Relators, Jose Manuel Sosa and Richard Austin Greene, were indicted, tried and found guilty of murder in the first degree without a recommendation of mercy. They appealed their conviction and the Florida Supreme Court reversed with a rather confusing decision. The court, in a per curiam decision, said:

"After a careful review of the voluminous evidence here we are of the view that the evidence was definitely lacking in establishing...

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