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HUCKABY v. STATE

No. 47736.

343 So.2d 29 (1977)

Benjamin F. HUCKABY, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearings Denied March 31, 1977.

Attorney(s) appearing for the Case

Walter B. Dunagan, Daytona Beach, for appellant.

Robert L. Shevin, Atty. Gen., and Charles W. Musgrove, Asst. Atty. Gen., for appellee.

PER CURIAM.

By direct appeal pursuant to Section 921.141(4), Florida Statutes (1975), we have before us for review a conviction of Benjamin Huckaby for the rape of a child under the age of eleven,1 for which the jury recommended and the trial judge imposed a sentence of death. The facts are essentially uncontroverted; only their legal implications are in dispute. Huckaby admitted at trial that for more than fourteen years he had regularly...

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