McRAE v. STATE

No. 76-1864.

355 So.2d 1252 (1978)

Artist L. McRAE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 10, 1978.


Attorney(s) appearing for the Case

Ben Kay, St. Petersburg, for appellant.

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


SCHEB, Judge.

Appellant asks this court to reverse his conviction for felony murder. He contends that the trial court erred in denying his motion to dismiss that charge since as a matter of law he could not be guilty of the crime. We agree and reverse.

On November 11, 1975, appellant and Lawrence Carl Wright entered a convenience store where they committed robbery. Marvin Robertson waited for them in a car parked outside the store. As Wright and appellant...

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