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STATE v. JOHNSON

No. 41441.

280 So.2d 673 (1973)

The STATE of Florida, Petitioner, v. Zebedee JOHNSON, Jr., Respondent.

Supreme Court of Florida.

July 18, 1973.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., for petitioner.

Phillip A. Hubbart, Public Defender, and Lewis S. Kimler, Asst. Public Defender, for respondent.

McCAIN, Justice.

By petition for writ of certiorari, we have for review a decision of the District Court of Appeal, Third District, reported at 249 So.2d 470, which is alleged to conflict with the decision of this Court in Roberts v. State, 164 So.2d 817 (Fla. 1964).

As a result of a homicide which occurred in Miami, Florida, respondent was indicted by the grand jury on a charge of first...

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