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STATE v. SMITH

No. 78-2072.

376 So.2d 261 (1979)

The STATE of Florida, Appellant, v. James SMITH, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 26, 1979.

Attorney(s) appearing for the Case

Janet Reno, State's Atty. and David Waksman, Asst. State's Atty., for appellant.

Bennett H. Brummer, Public Defender and Rory S. Stein, Asst. Public Defender and Robin Green (Legal Intern), for appellee.

Before HENDRY and HUBBART, JJ., and CHAPPELL, BILL G., Associate Judge.

PER CURIAM.

The State of Florida takes this appeal from an order granting the defendant's sworn motion to dismiss an information charging him with second degree murder to which the state demurred.

The defendant was working in a cafe as cashier/manager. About 3:00 A.M. an intoxicated man came into the cafe and caused a disturbance, whereupon defendant asked him to leave. The deceased spoke up in the man's behalf and was also asked to leave. When defendant attempted...

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