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DAVIS v. STATE

Nos. 70-315, 70-323.

247 So.2d 107 (1971)

Herbert DAVIS and Cleoster "Pete" Miller, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 21, 1971.

Attorney(s) appearing for the Case

William C. Norvell, Lakeland, for appellant Davis.

Ollie Ben Butler, Jr., of Law Offices of Ollie Ben Butler, Jr., Tampa, for appellant Miller.

Robert L. Shevin, Atty. Gen., Tallahassee; and Charles Corces, Jr., Asst. Atty. Gen., Lakeland, for appellee.

LILES, Judge.

Appellants Davis and Miller appeal their conviction for felony murder. The evidence presented at the trial showed that two Negro males robbed a service station in Lakeland, Florida. During the robbery, the service station attendant was shot and killed. Davis and Miller were prosecuted for the crime. They were convicted and sentenced to life imprisonment.

Appellants contend on appeal that their constitutional rights were violated because no Negroes...

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