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HOUSE v. STATE

No. 42403.

273 So.2d 756 (1973)

Herbert Eugene HOUSE, Jr. and Anthony Wayne House, Appellants, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied March 23, 1973.

Attorney(s) appearing for the Case

Alfred O. Shuler, of Shuler & Shuler, Apalachicola, for appellants.

Robert L. Shevin, Atty. Gen. and Enoch J. Whitney, Asst. Atty. Gen., for appellee.

PER CURIAM.

Appellants were convicted of rape without recommendation of mercy in the Circuit Court in and for Franklin County, Florida. Subsequently, under authority of Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972), the Supreme Court of Florida in Anderson v. State, 267 So.2d 8 (Fla. 1972) vacated and set aside appellants' death sentences. Because Fla. Stat. § 794.01,...

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