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KELLY v. STATE

No. 77-76.

360 So.2d 77 (1978)

Artis J. KELLY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 7, 1978.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Frank B. Kessler, Chief, Appellate Division, Asst. Public Defender, and Nikki Ann Clark, Legal Intern, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, Paul H. Zacks and John Cecilian, Asst. Attys. Gen., West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

DOWNEY, C.J., concurs specially, with opinion in which CROSS J., concurs.

DAUKSCH, J., dissents with opinion.

DOWNEY, Chief Judge, specially concurring:

A composite drawing of appellant was admitted into evidence at the trial. Appellant also offered in evidence a composite drawing of a co-defendant, but it was rejected. Through inadvertence the rejected composite found its way into the jury room together with the...

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