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JOHNSON v. STATE

No. 70-1188.

249 So.2d 470 (1971)

Zebedee JOHNSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 9, 1971.

Attorney(s) appearing for the Case

Phillip A. Hubbart, Public Defender, and Lewis S. Kimler, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Joel Rosenblatt, Asst. Atty. Gen., for appellee.

Before PEARSON, C.J., and BARKDULL and HENDRY, JJ.

PEARSON, Chief Judge.

The appellant was found guilty of second degree murder after a jury trial in the Criminal Court of Record in and for Dade County, Florida. He was adjudicated guilty and sentenced to twenty years in the state penitentiary and this appeal is from that judgment and sentence. Appellant had been previously tried upon the same homicide in the circuit court upon a charge of first degree murder. That court directed a verdict for the defendant at the...

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