DREW, Justice.
The sole question presented here is whether the lower court was correct in holding that "Section 54.08, Florida Statutes, 1951, [F.S.A.] is an unwarranted and unconstitutional invasion by the Legislative branch of the Government of the Judicial branch" in disposing of the petitioner's motion for a continuance on the ground that his attorney in the cause, George S. Okell, Sr., was a member of the 1953 Legislature. The Section referred to reads:
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