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JENKINS v. STATE

41 So.2d 554 (1949)

JENKINS v. STATE.

Supreme Court of Florida, en Banc.

Rehearing Denied July 22, 1949.

Attorney(s) appearing for the Case

Herbert Wentworth, Tampa, for appellant.

Richard W. Ervin, Attorney General, and Reeves Bowen, Assistant Attorney General, for appellee.

PER CURIAM.

It appearing that the court is without jurisdiction to entertain the so-called appeal taken in this case, it is dismissed ex mero motu.

ADAMS, C.J., and CHAPMAN, THOMAS and SEBRING, JJ., concur.

TERRELL, BARNS and HOBSON, JJ., dissent.

BARNS, Justice (dissenting).

This matter is before us in the form of an appeal, but it will be treated as a petition for common law certiorari.

The appellant Jenkins was tried and...

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