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STATE v. WITHERSPOON

No. 77-1892.

366 So.2d 487 (1979)

The STATE of Florida, Appellant, v. Alfred WITHERSPOON, Appellee.

District Court of Appeal of Florida, Third District.

January 16, 1979.

Attorney(s) appearing for the Case

Janet Reno, State's Atty., and Dennis L. Curran, Asst. State's Atty., for appellant.

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Asst. Public Defender, for appellee.

Before PEARSON and HUBBART, JJ., and CHARLES CARROLL (Ret.), Associate Judge.

PEARSON, Judge.

The State appeals an order discharging the defendant upon the ground of double jeopardy. It appears that the defendant was brought to trial and the defendant's motion for judgment of acquittal was granted upon the ground that the State's proof departed from the bill of particulars in specifying an incorrect time of day for the offense. Thereafter, a new information was filed specifying a period of time for the offense which included the time first...

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