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STATE v. OBERHOLTZER

No. 81-677.

411 So.2d 376 (1982)

STATE of Florida, Appellant, v. Barry OBERHOLTZER, Appellee.

District Court of Appeal of Florida, Fourth District.

March 31, 1982.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, Trela J. White and Stewart J. Bellus, Asst. Attys. Gen., West Palm Beach, for appellant.

Kerry J. Nahoom, Winter Park, for appellee.

DELL, Judge.

Appellee was indicted for the first degree murder of his wife. Pursuant to Florida Rule of Criminal Procedure 3.190(c)(4), appellee filed a motion to dismiss the charge against him. To this motion, the State traversed. Fla.R.Crim.P. 3.190(d). The lower court found that the traverse was insufficient to place material facts in controversy and therefore granted appellee's motion. The State contends that the lower court's order was erroneous. We agree and...

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