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STATE EX REL. McCAUSLAND v. ROWE

No. 72-1371.

272 So.2d 216 (1973)

STATE of Florida ex rel. Shirley Jane McCAUSLAND, Relator, v. Honorable Ellen J. Morphonios ROWE, As Judge of the Criminal Court of Record for Dade County, Florida, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 15, 1973.

Attorney(s) appearing for the Case

Eugene Spellman, Denis Dean, Miami, for relator.

Richard E. Gernstein, State's Atty., and Milton Robbins, Asst. State's Atty., for respondent.

Before PEARSON, HENDRY and HAVERFIELD, JJ.

PER CURIAM.

On the suggestion of the relator Shirley Jane McCausland, a rule nisi in prohibition was issued to the respondent, a Judge of the Criminal Court of Record in and for Dade County, Florida. The suggestion alleged that the relator was about to be tried for a crime from which she had been discharged because of the rule laid down by the United States Supreme Court in Waller v. Florida, 397 U.S. 387, 90 S.Ct. 1184, 25 L.Ed. 435...

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