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LEE v. STATE

No. 44903.

294 So.2d 305 (1974)

Rudolph Valentine LEE, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied June 7, 1974.

Attorney(s) appearing for the Case

Roy E. Dezern and Walter R. Stedeford, Jacksonville, for petitioner.

Robert L. Shevin, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for respondent.

Tobias Simon, Miami, Jack Greenberg, James M. Nabrit, III, David Evan Kendall and Peggy C. Davis, New York City, Anthony G. Amsterdam; and Jack Himmelstein, New York City, for amicus curiae, N.A.A.C.P. Legal Defense and Educational Fund, Inc.

Louis O. Frost, Jr., Public Defender, and James O. Brecher, Asst. Public Defender, for amicus curiae, The Fourth Judicial Circuit of Florida.

McCAIN, Justice.

This cause is before this Court on a petition for writ of certiorari seeking to have reviewed a certified question of great public interest1 decided by the District Court of Appeal, First District. We have jurisdiction pursuant to Florida Constitution, Art. V, § 3(b)(3), F.S.A.

The petitioner was found guilty of murdering a police officer who approached Lee during the alleged commission of a rape. After trial...

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