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WRIGHT v. STATE

No. 76-1009.

344 So.2d 1334 (1977)

Lawrence Carl WRIGHT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 19, 1977.

Attorney(s) appearing for the Case

William F. Casler, St. Petersburg, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Richard G. Pippinger, Asst. Atty. Gen., Tampa, for appellee.

HOBSON, Acting Chief Judge.

This case presents the important question of whether the appellant herein can be prosecuted for second degree felony-murder where his accomplice is killed by a police officer during the commission of a robbery. The trial court held that he could. We reverse.

On November 11, 1975 appellant, McRae and the deceased, Robertson, were in the process of committing a robbery on a convenience...

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