STATE v. McGOUGH

No. 87-3303.

536 So.2d 1187 (1989)

STATE of Florida, Appellant, v. David McGough, Appellee.

District Court of Appeal of Florida, Second District.

January 13, 1989.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol M. Dittmar, Asst. Atty. Gen., Tampa, for appellant.

No appearance for appellee.


SCHOONOVER, Judge.

The state appeals the trial court's order granting the appellee, David McGough, a new trial. We find that the trial court abused its discretion in granting the appellee's motion for new trial and, accordingly, reverse.

The appellee was charged with aggravated assault and aggravated battery. Mr. Bruce Carroll was one of the jurors selected to try the appellee's case. The jury returned a verdict finding the appellee guilty only of aggravated...

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