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ANDREWS v. STATE

No. 80-82.

392 So.2d 270 (1980)

Gene ANDREWS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied November 24, 1980.

Attorney(s) appearing for the Case

Charles L. Carlton of Carlton & Carlton, P.A., Lakeland, Tobias Simon, Miami; and Richard C. McFarlain, Tallahassee, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and James S. Purdy, Asst. Atty. Gen., Tampa, for appellee.

OTT, Acting Chief Judge.

By indictment filed May 3, 1978, appellant was charged with conspiring, between July 15 and September 15, 1975, to commit first degree murder.1 An information was filed and appellant's motion to dismiss it, on the ground that the statute of limitations had run, was denied. At the ensuing trial he was found guilty as charged. We reverse the conviction because the statute of limitations had in fact run, and the motion...

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