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SMITH v. STATE

92 So.2d 411 (1957)

Mathew SMITH, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida, Special Division A.

Rehearing Denied February 21, 1957.

Attorney(s) appearing for the Case

Sam E. Murrell, Sam E. Murrell, Jr., and Robert G. Murrell, Orlando, for appellant.

Richard W. Ervin, Atty. Gen., Jos. P. Manners, and Richard J. Brooks, Asst. Attys. Gen., for appellee.

PEARSON, Associate Justice.

This is the second appearance of this case before this Court. See, Starr v. Smith, Fla., 77 So.2d 834. In the earlier case the Appeal was by the State from a Writ of Habeas Corpus wherein the Circuit Court held that the information failed to state an offense under the laws of this State. This Court did not consider the facts but reversed the order because the defendant was not in custody at the time of...

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