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CLAYTON v. STATE

No. 72-288.

272 So.2d 860 (1973)

Franklin C. CLAYTON, Jr., Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 26, 1973.

Attorney(s) appearing for the Case

Joel Robrish, Miami, for appellant.

Robert L. Shevin, Atty. Gen., and J. Robert Olian and William L. Rogers, Asst. Attys. Gen., for appellee.

Before PEARSON, HENDRY and HAVERFIELD, JJ.

HENDRY, Judge.

Appellant defendant seeks review of his conviction and sentence of ten years in the State Penitentiary pursuant to a non-jury trial finding the appellant guilty of third degree murder. We affirm the conviction and sentence.

On August 15, 1971, the appellant ingested a hallucinogenic drug1 and began to experience the effects thereof shortly thereafter. At his request, the appellant was taken by his girl friend and...

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