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SIMMONS v. STATE

No. 75-884.

334 So.2d 265 (1976)

Mack SIMMONS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 6, 1976.

Attorney(s) appearing for the Case

Phillip Hubbart, Public Defender and Julian Mack, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Brian H. Leslie, Asst. Atty. Gen., for appellee.

Before BARKDULL, C.J., and PEARSON and HENDRY, JJ.

PER CURIAM.

Defendant Mack Simmons appeals an adjudication of guilt for murder in the first degree. The jury that found him guilty later recommended a sentence of life imprisonment. After the denial of his motion for a new trial, he was sentenced and this appeal followed. Three points are presented here. The first urges error in the court's failure to have testimony, requested by the jury after the jury had retired, read to them. The second point urges error in the...

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