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STATE v. McCRAY

No. 80-537.

387 So.2d 559 (1980)

STATE of Florida, Appellant, v. Harry Lorenzo McCray, Appellee.

District Court of Appeal of Florida, Second District.

September 12, 1980.

Attorney(s) appearing for the Case

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

Jack O. Johnson, Public Defender, Bartow, and Susan G. Sexton, Asst. Public Defender, Tampa, for appellee.

GRIMES, Judge.

The state appeals the dismissal of its information charging appellee with murder in the second decree.

Appellee's motion to dismiss, filed pursuant to Florida Rule of Criminal Procedure 3.190(c)(4), set forth the following facts:

1. Witnesses will place the Defendant and the victim in the parking lot of the New Orleans Baptist School at 12th and Osborne, Tampa, Florida, on the afternoon of April 30, 1979. 2. Witness Barbara...

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