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STATE v. KIRKLAND

No. 59461.

401 So.2d 1335 (1981)

STATE of Florida, Petitioner, v. Benjamin Frank KIRKLAND, Respondent.

Supreme Court of Florida.

July 30, 1981.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, Janet Reno, State Atty. and Ira N. Loewy, Asst. State Atty., Miami, for petitioner.

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Asst. Public Defender, Miami, for respondent.

ALDERMAN, Justice.

We review the decision of the District Court of Appeal, Third District, in State v. Kirkland, 384 So.2d 1328 (Fla. 3d DCA 1980), which conflicts with Southworth v. State, 98 Fla. 1184, 125 So. 345 (1929). The question is whether the trial court erred in dismissing the first-degree murder indictment against Kirkland on the ground that double jeopardy barred the state from prosecuting him on this charge...

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