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SMITH v. STATE

No. 46168.

316 So.2d 552 (1975)

Kenneth Tyrone SMITH, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

July 2, 1975.

Attorney(s) appearing for the Case

Phillip A. Hubbart, Public Defender, Roy S. Wood, Jr., and William Clay, Asst. Public Defenders, for appellant.

Robert L. Shevin, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for appellee.

ROBERTS, Justice.

This cause is before us on direct appeal from judgment of the trial court adjudicating defendant guilty of murder in the first degree and assault with intent to commit murder and holding Section 39.02(6)(a), (b), (c), Florida Statutes, to be constitutional. We have jurisdiction pursuant to Article V, Section 3(b)(1), Constitution of Florida (1973).

Appellant was charged by indictment filed September 18, 1973, with first degree murder in that...

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