STATE v. PERRY

No. 73-388.

297 So.2d 638 (1974)

STATE of Florida, Appellant, v. Joseph PERRY, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied August 7, 1974.


Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, and John J. Blair, State's Atty., Sarasota, for appellant.

Gerald C. Surfus, of Nelson, Stinnett, Surfus, Payne, Hesse & Cyril, Sarasota, for appellee.


GRIMES, Judge.

Appellee was convicted of possession of heroin. The trial judge granted the appellee a new trial grounded upon the conclusion that the verdict was contrary to the weight of the evidence. The State appeals.

One Daniel McCauley, who was known to local law enforcement agents as a dealer in narcotic drugs, had sold a quantity of such drugs to an undercover agent of the Florida Department of Law Enforcement. As a consequence, this agent obtained...

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