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ALLEN v. STATE

No. 45675.

326 So.2d 419 (1975)

James Leroy ALLEN, Appellant, v. STATE of Florida, Appellee. Julius Terry MULLINS, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied February 10, 1976.

Attorney(s) appearing for the Case

Steadman S. Stahl, Jr., of Varon, Stahl & Kay, Hollywood, and Archie Odom, Port Charlotte, for appellants.

Robert L. Shevin, Atty. Gen., and Richard G. Pippinger, Asst. Atty. Gen., for appellee.

OVERTON, Justice.

These consolidated cases are before this Court upon the constitutionality of the riot statute, Section 870.01(2), Florida Statutes (1973), and an improper identification procedure which allegedly made an independent identification at trial impossible.

Appellant Allen was charged in a three-count information. The first two counts allege (1) an aggravated battery upon Sam Kirkland and (2) malicious injury or damage to real or personal property...

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