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KERLIN v. STATE

No. 50211.

352 So.2d 45 (1977)

David KERLIN, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

June 30, 1977.

Attorney(s) appearing for the Case

Joe M. Mitchell, Jr., Melbourne, and Kenneth A. Studstill, Titusville, for petitioner.

Robert L. Shevin, Atty. Gen., and A.S. Sid Johnston and Harry M. Hipler, Asst. Attys. Gen., for respondent.

KARL, Justice.

We have for review, on petition for writ of certiorari granted, the decision of the District Court of Appeal, Fourth District, in Kerlin v. State, reported at 351 So.2d 1026 (Fla. 4th DCA, 1976), which purportedly conflicts with Mercer v. State, 40 Fla. 216, 24 So. 154 (1898). We have jurisdiction pursuant to Article V, Section 3(b)(3), Florida Constitution.

After a first trial resulted in a...

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