CHARLES CARROLL, Associate Judge.
The appellee James Wade was charged by information with the crime of murder in the second degree (§ 782.04(2) Fla. Stat., F.S.A.). On motion of the accused prior to trial the court dismissed the cause, and the state appealed.
From his automobile the accused had fired several shots in the direction of a group of persons assembled outside a nightclub, with the unfortunate result that a person was struck and killed.
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