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STEWART v. STATE

Nos. 75-510, 75-1416.

339 So.2d 710 (1976)

Johnny Wayne STEWART, Appellant v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 1, 1976.

Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, Bartow, and Thomas W. Garrard, Special Asst. Public Defender, Lake Wales, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Stewart appeals the denial of his motion for a new trial.

Appellant was tried for and convicted of rape. In a motion for new trial, appellant's attorney alleged that one week after his conviction appellant informed him that under another name he had previously been found legally insane and had been hospitalized as a mental patient. The newly discovered evidence consisted of testimony by a court-appointed...

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