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CUNNINGHAM v. STATE

No. 79-1628.

385 So.2d 721 (1980)

Frank CUNNINGHAM, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 1, 1980.

Attorney(s) appearing for the Case

Bernard S. Yedlin, Miami, for appellant.

Jim Smith, Atty. Gen., and Susan Minor, Asst. Atty. Gen., for appellee.

Before HENDRY, NESBITT and DANIEL S. PEARSON, JJ.

HENDRY, Judge.

The appellant was convicted of manslaughter, in a trial by jury. At the close of all the evidence, motion was made for judgment of acquittal.1 Appeal is made to this court from the denial of that motion.

"[T]he Due Process Clause protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged." In re Winship,

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