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STATE v. WARD

No. MM-79.

374 So.2d 1128 (1979)

STATE of Florida, Appellant, v. Willie James WARD, Appellee.

District Court of Appeal of Florida, First District.

September 12, 1979.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Wallace E. Allbritton, Asst. Atty. Gen., for appellant.

William N. DeCarlis, Gainesville, for appellee.

PER CURIAM.

Appellee was charged with vehicular homicide resulting from a head-on collision that occurred April 17, 1978. He pled not guilty and later filed a motion to dismiss under Fla.R.Crim.P. 3.190(c)(4).

Appellee founded his motion on the deposition of a neurologist who had previously treated him for petit mal epilepsy. The neurologist, in response to a hypothetical question outlining the events leading up to the collision, stated the opinion that Ward...

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