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STATE EX REL. KELLY v. WHISNANT

80 So.2d 611 (1955)

STATE of Florida ex rel. Thomas J. KELLY, Sheriff Dade County, Florida, Appellant, v. Robert F. WHISNANT and Elum Caudell, Appellees.

Supreme Court of Florida. En Banc.

Rehearing Denied June 28, 1955.

Attorney(s) appearing for the Case

Richard W. Ervin, Atty. Gen., George E. Owen and John C. Reed, Asst. Attys. Gen., and Richard E. Gerstein, Asst. County Solicitor, Miami Beach, for appellant.

Fred Pine, Richard G. Taylor, Miami, and J. Ben Watkins of Truett & Watkins, Tallahassee, for appellees.

TERRELL, Justice.

Appellees were informed against for conspiracy to violate Section 550.35, Florida Statutes, F.S.A., condemning the illegal dissemination of racing information. They were tried and convicted by a jury in the Criminal Court of Record, Dade County, and sentenced to serve a term of one year at hard labor in the Dade County jail. November 17, 1954, they petitioned for and were granted writ of habeas corpus by the Circuit Court, who after hearing ordered...

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