STATE OF FLORIDA, APPELLANT,
v.
GEORGE LEE TUCKER, APPELLEE
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PER CURIAM.
The State appeals the dismissal of the indictment herein charging appellee/defendant Tucker with first degree murder. The dismissal resulted from a determination by the trial court that because no record was made of testimony before the grand jury the indictment cannot stand. He relied on a circuit court decision out of the Nineteenth Circuit which was subsequently reversed by our sister court of the Fourth District, that case being reported as State v. McArthur, Fla.App.4th, 1974, 296 So. 2d 97.
The issues in this case and in the Mc-Arthur case, supra, are identical in principle, and since we fully concur in the opinion and conclusions of our sister court we are compelled on the authority thereof to reverse the instant dismissal.
Reversed.
McNULTY, Acting C. J., and BOARD-MAN and GRIMES, JJ., concur.
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Tucker v. State, 357 So. 2d 719 (Fla. 1978)…t is, therefore, affirmed. It is so ordered. OVERTON, C. J., and SUNDBERG, HATCHETT and KARL, JJ., concur. . Tucker v. State, 344 So. 2d 284 (Fla. 2d DCA 1977). .Art. V, § 3(b)(3), Fla.Const. . Fla.R.Crim.P. 3.191(g) (1976). . State v. Tucker, 301 So. 2d 501 (Fla.2d DCA 1974). . 344 So. 2d at 288. At about the same time, the district court also certified to us its decision in State v. Williams, 344 So. 2d 311 (Fla.2d DCA 1977), which involved the applicability of the same two provisions of Rule 3.191 w…
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Tucker v. State, 344 So. 2d 284 (Fla. 2d DCA 1977)…ent and sentence below is affirmed and the decision in this cause is hereby certified to the Supreme Court for determination of the questions presented herein with respect to Rule 3.191. BOARDMAN, C. J., and McNULTY, J., concur. . State v. Tucker, 301 So. 2d 501 (Fla.2d DCA 1974). . The state asserts that § 924.071(2), Fla. Stat.(1973) allows an automatic stay from any further action by the trial court during the pendency of an appeal by the state of any pretrial order. Although that statute does allow aut…
Authorities Cited
- State v. Nadean O. McARTHUR, 296 So. 2d 97 (Fla. 4th DCA 1974)