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STATE v. McINTYRE

No. 74-332.

303 So.2d 675 (1974)

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

District Court of Appeal of Florida, Fourth District.

November 29, 1974.

Attorney(s) appearing for the Case

Philip S. Shailer, State Atty., and Jon H. Gutmacher, Asst. State Atty., Fort Lauderdale, for appellant.

Warner S. Olds, Public Defender, and William W. Herring, Asst. Public Defender, Fort Lauderdale, for appellee.

DOWNEY, Judge.

The state has appealed from an order dismissing an information charging appellee with attempted escape.

Appellee, as defendant below, filed a motion to dismiss the information pursuant to Rule 3.190(c)(4), CrPR, attaching thereto the depositions of several state witnesses. The appellant filed a traverse and upon consideration of the depositions the court dismissed the information.

One of the eye witnesses testified to facts from which...

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