STATE v. WHITTER

No. 70-1071.

245 So.2d 913 (1971)

The STATE of Florida, Appellant, v. Ossie WHITTER, Appellee.

District Court of Appeal of Florida, Third District.

March 23, 1971.


Attorney(s) appearing for the Case

Richard E. Gerstein, State Atty., and Milton Robbins, Asst. State Atty., for appellant.

Mitchell M. Goldman, Miami, for appellee.

Before CHARLES CARROLL, BARKDULL and HENDRY, JJ.


PER CURIAM.

This is an appeal by the state from an order granting a new trial based on § 932.38, Fla. Stat. 1969 (now § 925.07, Fla. Stat., F.S.A.) See § 924.07, Fla. Stat. 1969 (now § 924.07, Fla. Stat., F.S.A. as amended.)

Ossie Whitter, appellant, was an unmarried male under age 21 charged with rape. At an arraignment attended by his father, defense counsel was appointed because of indigency and a plea of not guilty was entered. No date...

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