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VON DECK v. STATE

No. 91-758.

593 So.2d 1129 (1992)

James VON DECK, Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 6, 1992.

Attorney(s) appearing for the Case

James G. Kontos and Daniel S. Ciener of Law Firm of Daniel S. Ciener, Merritt Island, for appellant/cross-appellee.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Anthony J. Golden, Asst. Atty. Gen., Daytona Beach, for appellee/cross-appellant.

COWART, Judge.

The criminal information in this case charges the defendant with attempted premeditated murder of a police officer in language as follows:

On the 24th day of October 1990, did then and there attempt to commit an offense prohibited by law MURDER OF A LAW ENFORCEMENT OFFICER, to then and there unlawfully kill a human being, S. HUSS, MUNICIPAL POLICE OFFICER, PALM BAY POLICE DEPARTMENT, WHILE HE WAS ENGAGED IN THE LAWFUL PERFORMANCE OF HIS DUTY...

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