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STATE v. CAPPS

98 So.2d 745 (1957)

STATE of Florida, Appellant, v. Lorin CAPPS, Appellee.

Supreme Court of Florida.

December 4, 1957.

Attorney(s) appearing for the Case

Richard W. Ervin, Atty. Gen., George R. Georgieff, Asst. Atty. Gen., John L. Reese, County Solicitor, Pensacola, and Reubin O. Askew, Asst. County Solicitor, Tallahassee, for appellant.

R.P. Warfield of Fisher & Hepner, Pensacola, for appellee.

PER CURIAM.

Affirmed.

TERRELL, C.J., and THORNAL and O'CONNELL, JJ., concur.

DREW, J., concurs specially.

THOMAS, HOBSON and ROBERTS, JJ., dissent.

DREW, Justice (concurring specially).

I concur in the judgment of affirmance in this case because I think the only question decided in Hunter v. State, 1923, 85 Fla. 91, 95 So. 115, was that "Except in those cases where the allegation and proof of the precise time are material, a...

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