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STATE v. ROGERS

No. 79-1822.

386 So.2d 278 (1980)

STATE of Florida, Appellant, v. Allen Lee ROGERS, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 15, 1980.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellant.

Marc H. Salton of Rock & Salton, Holiday, for appellee.

SCHEB, Judge.

The state charged Rogers with second degree murder. The trial court granted Rogers' motion to dismiss the information. In so doing, the court improperly determined the issue of Rogers' intent. We reverse.

The state's information alleged that:

ALLEN LEE ROGERS ... on the 8th day of June [1979]... by an act imminently dangerous to another, and evincing a depraved mind, regardless of human life, but without a premeditated design to effect...

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