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MILLER v. STATE

No. 81-780.

409 So.2d 109 (1982)

Theresa Lee MILLER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 24, 1982.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Charles I. Poole, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Steven R. Jacob, Asst. Atty. Gen., for appellee.

Before HENDRY, NESBITT and FERGUSON, JJ.

PER CURIAM.

The question of the admissibility in evidence of an extra-judicial confession is for the court to decide, based on all the circumstances of the confession, Palmes v. State, 397 So.2d 648 (Fla. 1981). For purpose of a felony-murder conviction it is irrelevant that appellant was not present at the time of the actual killing. As a perpetrator of the underlying felony, she...

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