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STATE v. STEWART

No. 80-1278.

404 So.2d 185 (1981)

STATE of Florida, Appellant, v. Jimmy STEWART, Appellee.

District Court of Appeal of Florida, Fifth District.

September 30, 1981.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and C. Michael Barnette, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellee.

SHARP, Judge.

The State appeals from the dismissal1 of an information which charged Stewart with second degree murder in connection with the stabbing death of his girlfriend. Stewart was the only other person present at the time of the stabbing, and in his sworn (c)(4) motion, he claimed the injury to the decedent was accidental, inflicted either by himself or by the decedent to herself, while they were struggling over a knife in bed....

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