STATE v. FRAZIER

No. 81-200.

407 So.2d 1087 (1982)

The STATE of Florida, Appellant, v. James Wesley FRAZIER, Appellee.

District Court of Appeal of Florida, Third District.

January 5, 1982.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Alan T. Lipson, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Alan R. Dakan, Asst. Public Defender, for appellee.

Before SCHWARTZ, BASKIN and DANIEL S. PEARSON, JJ.


DANIEL S. PEARSON, Judge.

We reverse the trial court's order which granted Frazier's motion to dismiss the information charging second-degree murder. The motion, to which the State demurred, asserts that under either of Frazier's statements to the police, viewing the facts and inferences therefrom most favorably to the State, the State would be unable to establish the defendant's guilt or defeat his claim of self-defense. We disagree.

In the defendant's first...

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