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STATE v. HARRIS

No. 31209.

136 So.2d 633 (1962)

STATE of Florida, Petitioner, v. Elmer M. HARRIS, Respondent.

Supreme Court of Florida.

January 10, 1962.

Attorney(s) appearing for the Case

Richard W. Ervin, Atty. Gen., and Reeves Bowen and Joseph Nesbitt, Asst. Attys. Gen., for petitioner.

Stephens & Hames, Miami, for respondent.

O'CONNELL, Justice.

In this case the state filed a petition for certiorari contending that the decision of the District Court of Appeal, Third District, reported as Harris v. State, Fla.App. 1961, 123 So.2d 752 is in direct conflict with numerous prior decisions of this Court and at least one decision of another district court of appeal.

We issued the writ and have heard argument of the parties.

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