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STATE v. KITCHEN

No. 77-636.

353 So.2d 897 (1977)

The STATE of Florida, Appellant, v. Johnny KITCHEN, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 26, 1978.

Attorney(s) appearing for the Case

Richard E. Gerstein, State's Atty., and George Volsky, Asst. State's Atty., and Howard Blumberg, Legal Intern, for appellant.

Bennett H. Brummer, Public Defender, and John H. Lipinski, Sp. Asst. Public Defender, for appellee.

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

PER CURIAM.

Appellant, the State of Florida, appeals from an order of the trial court dismissing an information filed by the state against appellee, defendant below.

One Felton Green, charged by information with, inter alia armed robbery, supplied the state with the name of appellee as a possible alibi witness, pursuant to Fla.R. Crim.P. 3.200. The state thereupon subpoenaed and deposed appellee concerning the Green alibi. At the time of the deposition...

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