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STATE v. SHEINER

112 So.2d 571 (1959)

STATE of Florida, Appellant, v. Leo SHEINER, Appellee.

Supreme Court of Florida.

May 29, 1959.

Attorney(s) appearing for the Case

Richard W. Ervin, Atty. Gen., Reeves Bowen, Asst. Atty. Gen., Richard E. Gerstein, State Atty., John C. Wynn, Asst. State Atty., George A. Brautigam, Asst. to State Atty., Miami, for appellant.

Louis M. Jepeway, Miami, and John M. Coe, St. Pensacola, for appellee.

J. Velma Keen, Tallahassee, and Erle B. Askew, St. Petersburg, for Florida Bar.

Tobias Simon and Howard Dixon, Miami, for American Civil Liberties Union of Greater Miami.

Peter Campbell Brown, Julius Applebaum, New York City, Egbert L. Haywood, Durham, Ray Murphy, New York City, James Cremins, Norfolk, Va., J.F. Schlafly, Jr., Alton, Ill., Henry J. TePaske, Orange City, Iowa, William F. Tompkins, Washington, D.C., Paul W. Updegraff, Norman, Okl., and Louis C. Wyman, Concord, N.H., for Committee on Communist Tactics, Strategy and Objectives on Behalf of American Bar Association, amicus curiae.

PER CURIAM.

This appeal is taken by the State of Florida from a final judgment dismissing a motion to disbar the appellee Sheiner. In the final judgment appealed from the trial judge said: "Under the law of the State as now established the State has not met its burden of proving its Motion to Disbar by a clear preponderance of the evidence."

The sole question presented by the State on this appeal is:

"Was the refusal of Leo Sheiner, appellee, to answer...

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