KILPATRICK v. STATE

No. 71-1191.

262 So.2d 472 (1972)

Gerald KILPATRICK, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 23, 1972.


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 Arnold R. Ginsberg, Asst. Atty. Gen., for appellee.

Before PEARSON and HENDRY, JJ., and LESTER, M. IGNATIUS, Associate Judge.


LESTER, M. IGNATIUS, Associate Judge.

The defendant, Gerald Kilpatrick, was charged on a two count information for aggravated assault. The defendant was granted a new trial after a jury had acquitted him on one count and convicted him of the other count. The defendant moved for a mistrial after the discharge of the jury when two of the jurors made it known to the trial court that they would have found the defendant not guilty...

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