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STATE EX REL. MITCHELL v. KELLY

71 So.2d 887 (1954)

STATE ex rel. MITCHELL v. KELLY.

Supreme Court of Florida. En Banc.

Rehearing Denied May 4, 1954

Attorney(s) appearing for the Case

Hubbard & Everett, Miami, Turnbull & Pepper, Tallahassee, for relator.

Richard W. Ervin, Atty. Gen., Mark R. Hawes, Asst. Atty. Gen., for respondent.

DREW, Justice.

January 16, 1953, E.R. Mitchell, the relator, Dave Marcus and others were informed against in Dade County for conspiracy to violate the lottery laws of this State. Dave Marcus was named the principal co-conspirator in the information.

While this information was pending, relator was subpoenaed before the Dade County, Florida Grand Jury in connection with "* * * an investigation into gambling activities in Dade County of Dave Marcus, both as to...

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