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SMITH v. STATE

No. 75-1110.

344 So.2d 867 (1977)

George Washington SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 5, 1977.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Mitchell J. Beers, Asst. Public Defender, West Palm Beach, and George Washington Smith, in proper person, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Anthony J. Golden, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

MAGER, C.J., and CROSS, J., concur.

ANSTEAD, J., dissents.

ANSTEAD, Judge, dissenting:

The State fell far short of its burden to prove, by clear and convincing evidence, that consent to search was freely and voluntarily given by the defendant.

George Washington Smith, characterized by the trial court as a known alcoholic, was arrested after an accident on March 2, 1975 for driving a motor vehicle while...

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