STATE v. HARRIS

No. 82-2404.

439 So.2d 265 (1983)

STATE of Florida, Appellant, v. Jerry Willis HARRIS, a/K/a Rudolph Maximum Harris, Appellee.

District Court of Appeal of Florida, Second District.

Rehearings Denied October 26, 1983.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellant.

Jerry Hill, Public Defender, Bartow, and Douglas S. Connor, Asst. Public Defender, Tampa, for appellee.


CAMPBELL, Judge.

The state appeals the trial judge's orders granting appellee's motion in arrest of judgment directed toward the robbery count of an indictment and a renewed motion for judgment of acquittal directed to a first-degree murder count in the same indictment. This appeal raises difficult questions concerning post-trial motions, the state's right to appeal certain rulings, and the felony murder rule.

Appellee and two comrades, having decided to commit...

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