HOBSON, Justice.
Hon. Frank A. Smith, Circuit Judge of the Ninth Judicial Circuit, has certified two questions pursuant to Section 59.42, Florida Statutes, F.S.A., and Supreme Court Rule 27, 31 F.S.A. The pertinent portion of his order of certification follows:
"This cause came on for hearing, after due notice, upon motion of defendant that the Circuit Court certify the hereafter stated questions or propositions of law to the Supreme Court for instruction...
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