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LOWERY v. STATE

Nos. 77-922, 77-1409.

375 So.2d 1075 (1979)

Edgar Leon LOWERY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

On Rehearing October 17, 1979.

Rehearing Denied January 9, 1980.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Chief, App. Div., West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, Charles W. Musgrove and Max Rudmann, Asst. Attys. Gen., West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

DOWNEY, C.J., and CROSS and LETTS, JJ., concur.

ON PETITION FOR REHEARING

DOWNEY, Chief Judge.

An indictment was filed against appellant stating that he "did unlawfully; from a premeditated design to effect the death of a human being, kill and murder Leroy Moss, a human being by shooting the said Leroy Moss in violation of Florida Statute 782.04." At trial none of the proof against appellant placed him at the...

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