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STATE v. SMITH

No. B-336.

118 So.2d 792 (1960)

STATE of Florida, Petitioner, v. Charles Donald SMITH, Respondent.

District Court of Appeal of Florida. First District.

Rehearing Denied April 11, 1960.

Attorney(s) appearing for the Case

Richard W. Ervin, Atty. Gen., Leonard R. Mellon, Asst. Atty. Gen., Gordon G. Oldham, Jr., State Atty., Leesburg, and James W. Kynes, Jr., Asst. State Atty., Ocala, for appellant.

John R. Godbee, Jr., De Land, for appellee.

WIGGINTON, Chief Judge.

The State of Florida seeks review by certiorari of a judgment entered by the Circuit Court of Marion County acting in its capacity as an appellate court, by which it reversed a judgment of conviction entered against respondent in the County Judge's Court of Marion County. It is contended that the appellate court's judgment of reversal should be quashed for the reason that in arriving at its ultimate conclusion the court departed from the essential...

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