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STATE v. McMAHON

No. 84-2471.

485 So.2d 884 (1986)

STATE of Florida, Appellant, v. Arthur McMAHON, Appellee.

District Court of Appeal of Florida, Second District.

March 26, 1986.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Peggy A. Quince, Asst. Atty. Gen., Tampa, for appellant.

James Campbell, New Port Richey, for appellee.

SCHEB, Acting Chief Judge.

A jury found appellee Arthur McMahon guilty of second degree murder in the beating death of his mother. Thereafter, the trial court granted appellee's motion for a new trial, concluding the verdict was "against the weight of the evidence." The state appeals. We reverse.

The evidence produced at trial revealed that on the night of March 23, 1984, Deputies McVey and Cleveland of the Pasco County Sheriff's Department responded to a...

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