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COGMON v. STATE

No. W-266.

338 So.2d 562 (1976)

Ronald Anthonio COGMON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 26, 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 Charles W. Musgrove, Asst. Atty. Gen., for appellee.

McCORD, Judge.

Appellant appeals his conviction of aggravated assault and possession of a weapon by a state prisoner. He contends the verdict of the jury was not unanimous, and therefore the court erred in accepting it and denying his motion for mistrial and his motion for a new trial. After the jury deliberated for one and one-half hours, the court called it back and gave it an "Allen" charge. Forty-five minutes later,...

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