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STATE v. ALEXANDER

No. 80-1439.

406 So.2d 1192 (1981)

STATE of Florida, Appellant, v. William Mitchell ALEXANDER, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 23, 1981.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Mark Horn, Asst. Atty. Gen., West Palm Beach, for appellant.

H. Dohn Williams, Jr., Hollywood, for appellee.

MOORE, Judge.

The state appeals the trial court's dismissal of a first degree murder indictment against the appellee, William Mitchell Alexander. We agree that the trial court impermissibly determined the issue of premeditation and reverse.

The appellee was indicted for first degree murder. Pursuant to Fla.R.Crim.P. 3.190(c)(4) the appellee moved to dismiss the charges against him claiming that the death was actually the result of an accident. In support of...

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