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MITCHELL v. STATE

No. AA-98.

333 So.2d 89 (1976)

Christine MITCHELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 9, 1976.

Attorney(s) appearing for the Case

Richard W. Ervin, III, Public Defender, and Louis G. Carres, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Carolyn M. Snurkowski, Asst. Atty. Gen., for appellee.

SMITH, Judge.

This appeal questions whether a jury may be permitted to convict the accused of having committed the offense charged on a date other than that specified in both the State's accusation and its proof, when substantial alibi evidence given in defense raises doubts that the accused committed the offense on the date specified.

Christine Mitchell was tried, convicted and sentenced for a sale of heroin to an undercover agent on December 14, 1974. The...

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