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STATE v. BATEH

110 So.2d 7 (1959)

STATE of Florida, Petitioner, v. Mussa C. BATEH, Respondent. Mussa C. BATEH, Petitioner, v. STATE of Florida, Respondent. STATE of Florida, Appellant, v. Mussa C. BATEH, Appellee.

Supreme Court of Florida.

Rehearing Denied April 9, 1959.

Attorney(s) appearing for the Case

Richard W. Ervin, Atty. Gen., and David U. Tumin, Asst. Atty. Gen., for petitioner-appellant.

Larkin & Lewis, Jacksonville, for respondent-appellee.

THOMAS, Justice.

Upon the filing of the petition of the State for a writ of certiorari to review a decision of the District Court of Appeal, First District, in Bateh v. State, Fla., 101 So.2d 869, the court proceeded to hear argument on this and two allied matters. We now undertake to answer the pivotal question common to all three cases.

A more complete statement of the facts relevant to this controversy may be found in...

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