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STATE v. JOHNSON

No. 73-1370.

320 So.2d 453 (1975)

The STATE of Florida, Appellant, v. Zebedee JOHNSON, Jr., Also Known As Henry Williams, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 4, 1975.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Richard E. Gerstein, State's Atty., and Joseph Durant, Asst. State's Atty., for appellant.

Phillip A. Hubbart, Public Defender, and Karen Gottlieb, Asst. Public Defender, for appellee.

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

PER CURIAM.

The State of Florida appeals from an order discharging defendant, Zebedee Johnson, who was tried by jury and found guilty of murder in the second degree. In a previous appeal by the defendant, this court reversed the conviction and remanded the cause to the trial court for a new trial. The mandate ordering the new trial was issued on July 9, 1971. Thereafter, the state filed a petition for certiorari in the Florida Supreme Court to review the decision...

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