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SMITH v. STATE

No. 74-1219.

314 So.2d 226 (1975)

Frank A. SMITH, III, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 8, 1975.

Attorney(s) appearing for the Case

Mark Hawes, Tampa, and Robert Buonauro and James N. Powers, Orlando, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Stephen R. Koons, Asst. Atty. Gen., West Palm Beach, for appellee.

WALDEN, Judge.

Defendant was tried by jury and convicted of second degree murder. He appeals. We affirm.

Defendant was charged with the murder of his twenty year old girl friend. He plead not guilty and not guilty by reason of temporary insanity.

It is without dispute, based on proof and stipulation, that defendant did, in fact, kill the victim by striking her head with his fists and a fifteen pound wooden stereo

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