O'CONNELL, Justice.
This cause is identical in many respects to the case of Cohen v. State, Fla. 1960,
As in the Cohen case, we are unable in this case to determine whether the trial court directly passed upon the validity of § 847.01, F.S.A., or construed a controlling provision of our state or federal constitutions.
Yet, as in the Cohen case, it seems to us that a determination of the validity...
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