STATE v. MONTGOMERY

No. 74-1154.

310 So.2d 440 (1975)

STATE of Florida, Appellant, v. Alex MONTGOMERY, Appellee.

District Court of Appeal of Florida, Third District.

April 8, 1975.


Attorney(s) appearing for the Case

Richard E. Gerstein, State's Atty., and Milton Robbins, Asst. State's Atty., for appellant.

Phillip A. Hubbart, Public Defender, and Steven Rappaport, Asst. Public Defender, for appellee.

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


PER CURIAM.

The State of Florida appeals an order of the trial court granting the defendant's motion to dismiss an information charging the defendant with aggravated assault and obstructing civil process, on the ground that the defendant was immune from prosecution under § 914.04, Fla. Stat. We reverse.

The defendant moved to dismiss the information alleging without documented proof, that he had been forced by the State to testify in a case against one...

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