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McAFEE v. STATE

No. 72-33.

264 So.2d 75 (1972)

Sylvester McAFEE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 21, 1972.

Attorney(s) appearing for the Case

Walter R. Talley, Public Defender, and D. Turner Matthews, Asst. Public Defender, Bradenton, for appellant.

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

MANN, Judge.

McAfee contends that he was convicted of assault with intent to commit murder in the second degree on insufficient evidence because he was barefooted when he kicked Police Officer Gaddis in the face. This argument is fallacious. McAfee was part of a crowd, some of whom were objecting to Officer Gaddis' efforts, with his partner, Officer Lewis, to stop a fight between two men. Somebody shouted, "Kill the pig." Another said, "Get his gun and kill the m____...

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