State v. Johnson

The State of Florida appeals from an order discharging defendant, Zebedee Johnson, who was tried by jury and found guilty of murder in the second degree. In a previous appeal by the defendant, this court reversed the conviction and remanded the cause to the trial court for a new trial. The mandate ordering the new trial was issued on July 9, 1971. Thereafter, the state filed a petition for certiorari in the Florida Supreme Court to review the decision of this court. The petition not having been filed wtihin IS days of the July 9, 1971 mandate, the state petitioned for and obtained a stay of…