HOBBS v. STATE


102 So.2d 387 (1958)

Millard M. HOBBS, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

May 2, 1958.


Attorney(s) appearing for the Case

J. Lewis Hall, Tallahassee, and William Lamar Rose, Fort Myers, for appellant.

Richard W. Ervin, Atty. Gen., and George R. Georgieff, Asst. Atty. Gen., for appellee.


DREW, Justice.

It is apparent from the record, and the state so concedes, that the appellant was adjudged guilty and sentenced upon an adverse jury verdict on a specified charge of "armed entry" which is not under our law a definable offense. We are of the opinion that the confusion created by conducting the trial upon the assumption that such a crime existed has, in view of the particular factual circumstances involved in the charge and proof, so infected the proceedings...

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