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MARS v. MOUNTS

No. 88-6115.

895 F.2d 1348 (1990)

Frank MARS, Petitioner-Appellee, v. The Honorable Marvin U. MOUNTS, et al., Respondents-Appellants.

United States Court of Appeals, Eleventh Circuit.

March 8, 1990.

Attorney(s) appearing for the Case

Consiglia A. Terenzio, Sylvia H. Alonso, West Palm Beach, Fla., for respondents-appellants.

Margaret Good, Public Defender, Steven Malone, West Palm Beach, Fla., for petitioner-appellee.

Before HATCHETT and COX, Circuit Judges, and HENDERSON, Senior Circuit Judge.

HATCHETT, Circuit Judge:

The state of Florida, the appellant, appeals the district court's grant of the writ of habeas corpus holding that double jeopardy bars the state from putting the appellee on trial for second-degree murder after his acquittal for first-degree murder of the same victim, where the only difference in the charges is the hour the crime allegedly occurred. We affirm.

FACTS

On March 15, 1983, a grand jury indicted Frank Mars, the...

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