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DIAZ v. STATE

82 So.2d 135 (1955)

Salvador DIAZ, Jr., Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida. En Banc.

Rehearing Denied September 15, 1955.

Attorney(s) appearing for the Case

Branch & Goff and Talton Branch, Tampa, for appellant.

Richard W. Ervin, Atty. Gen., and Bart L. Cohen, Asst. Atty. Gen., for appellee.

PER CURIAM.

>Affirmed.

TERRELL, SEBRING, ROBERTS and THORNAL, JJ., concur.

DREW, C.J., and THOMAS and HOBSON, JJ., dissent.

DREW, Chief Justice (dissenting).

The defendant appealed from a judgment and five-year sentence entered after a jury found him guilty of unlawful possession of burglary tools in violation of Section 810.06, F.S. 1951, F.S.A. Defendant was also charged in another count of the information with an unlawful attempt...

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