DYKMAN v. STATE

No. 73-18.

300 So.2d 695 (1974)

John DYKMAN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 14, 1974.


Attorney(s) appearing for the Case

Joel Hirschhorn, Miami, for appellant.

Robert L. Shevin, Atty. Gen., and Lance R. Stelzer, Asst. Atty. Gen., for appellee.

Before BARKDULL, C.J., and PEARSON and HAVERFIELD, JJ.


PEARSON, Judge.

The appellant was found guilty of second degree murder after a jury trial upon an indictment charging first degree murder of his wife. His appeal, lodged in this court, was transferred to the Supreme Court of Florida because in our view that court was vested with original jurisdiction inasmuch as the trial court initially passed upon the constitutional validity of a state statute. The Supreme Court accepted the transfer only as to the trial court's...

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