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HAYES v. STATE

No. 76-1389.

368 So.2d 374 (1979)

Thomas R. HAYES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearings Denied April 4, 1979.

Attorney(s) appearing for the Case

Warner S. Olds, Public Defender, and Stuart M. Lerner, Asst. Public Defender, Fort Lauderdale, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Marsha G. Madorsky and Joy B. Shearer, Asst. Attys. Gen., West Palm Beach, for appellee.

ANSTEAD, Judge.

The appellant, Thomas R. Hayes, was charged in Count I of an indictment, with the first degree murder of an elderly woman, whose death on December 18, 1975 was alleged to have been caused in part by Hayes tearing the victim's body in the vaginal area with his hand or other object. He was also charged in Count II of the same indictment with sexual battery of the same victim by the use of his hand or other object. He was tried and convicted on both counts...

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