SEBRING, Justice.
The defendant has appealed from a judgment of conviction of endeavoring to incite and procure a certain Sanders to commit perjury in a divorce suit to be instituted in the Circuit Court of Pinellas County, Florida, in violation of section 837.04 Florida Statutes 1941, F.S.A., which provides: "Whoever endeavors to incite or procure any other person to commit perjury, though no perjury is committed, shall be punished by imprisonment in the state prison...
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