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MARASA v. STATE

No. 79-1052/T4-544.

394 So.2d 544 (1981)

Frank John MARASA, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 25, 1981.

Attorney(s) appearing for the Case

Richard D. Nichols of Dorsey, Arnold & Nichols, Jacksonville, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Richard W. Prospect, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Chief Judge.

This is an appeal from a conviction of murder in the second degree. The principal question on appeal is whether the evidence was legally sufficient to support the conviction. We find it was not.

The facts from the trial reveal that appellant and others were having a drug and liquor party in the early morning hours. Among the people there was the victim of the homicide who, after returning from...

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