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JENKINS v. STATE

No. 74-1704.

317 So.2d 114 (1975)

Randolph T. JENKINS and Johnny B. Smith, Appellants, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 10, 1975.

Attorney(s) appearing for the Case

Phillip A. Hubbart, Public Defender, and Gerald Hubbart, Asst. Public Defender, for appellants.

Robert L. Shevin, Atty. Gen., and Margarita Esquiroz, Asst. Atty. Gen., for appellee.

Before HAVERFIELD and NATHAN, JJ., and CHARLES CARROLL (Ret.), Associate Judge.

PER CURIAM.

The appellants were charged by indictment with the crime of murder in the first degree, for the gunshot killing of a named person. Tried together before a jury, the appellant Jenkins was convicted of murder in the third degree (and sentenced to imprisonment for a term of fifteen years), and the appellant Smith was convicted of murder in the second degree (and sentenced to imprisonment for life). The defendants...

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