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STATE v. UNDERWOOD

No. 76-326.

336 So.2d 1270 (1976)

STATE of Florida, Appellant, v. Illinois UNDERWOOD, Appellee.

District Court of Appeal of Florida, Fourth District.

September 3, 1976.

Attorney(s) appearing for the Case

Philip S. Shailer, State's Atty., and Jon H. Gutmacher, Asst. State's Atty., Fort Lauderdale, for appellant.

Warner S. Olds, Public Defender, and Stuart M. Lerner, Asst. Public Defender, Fort Lauderdale, for appellee.

PER CURIAM.

Affirmed.

CROSS and ALDERMAN, JJ., concur.

MAGER, C.J., dissents with opinion.

MAGER, Chief Judge (dissenting):

In my opinion the trial judge's order suppressing defendant's confession as not having been freely and voluntarily made is not supported by the evidence in the record.

The hearing on defendant's motion to suppress certain written and oral statements reflected...

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