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STATE v. SMITH

No. 85-2897.

496 So.2d 195 (1986)

The STATE of Florida, Appellant, v. Harold J. SMITH, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 17, 1986.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Richard L. Polin, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, Yale T. Freeman, Sp. Asst. Public Defender, for appellee.

Before HENDRY, NESBITT and DANIEL S. PEARSON, JJ.

NESBITT, Judge.

The state appeals from an order granting Smith's motion to dismiss an information charging him with the second-degree murder of Dan McKinnon. We reverse.

In his motion to dismiss, Smith admitted stabbing McKinnon in the chest with a folding pocketknife. He further alleged that an hour after the stabbing incident McKinnon walked into the emergency room at Jackson Memorial Hospital. According to Smith...

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