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THOMAS v. STATE

No. 75-800.

328 So.2d 545 (1976)

Cecil Mack THOMAS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 1, 1976.

Attorney(s) appearing for the Case

Phillip A. Hubbart, Public Defender, Bennett H. Brummer, and Karen Gottlieb, Asst. Public Defenders, for appellant.

Robert L. Shevin, Atty. Gen., and William M. Grodnick, Asst. Atty. Gen., for appellee.

Before PEARSON and NATHAN, JJ., and CHARLES CARROLL (Ret.), Associate Judge.

PER CURIAM.

Cecil Mack Thomas was charged by information with assault with intent to commit murder. He was tried by jury, found guilty and sentenced to ten years in the state penitentiary.

Briefly stated, the facts are that Thomas shot Freddy Smart in the back twice while Smart was carrying Jo Ann Myers on his shoulders near her apartment. The evidence showed that Smart had been keeping company with Jo Ann Myers...

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