STATE v. CASTELLAN

No. 85-1195.

488 So.2d 668 (1986)

STATE of Florida, Appellant, v. Richard Thomas CASTELLAN, Appellee.

District Court of Appeal of Florida, Fourth District.

May 21, 1986.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Lee Rosenthal, Asst. Atty. Gen., West Palm Beach, for appellant.

Fred Haddad of Sandstrom & Haddad, Fort Lauderdale, for appellee.


PER CURIAM.

After being charged by information with second degree murder, appellee Castellan filed a sworn motion to dismiss. The gist of the motion was that the victim's death was an accident, resulting from a struggle involving appellee, the victim, and the woman over whom the two men were fighting. As all three had possession of a pocketknife at some point in the altercation, it was unclear how or when the victim was stabbed. The state responded by filing a traverse...

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