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HORNER v. STATE

No. 62-264.

149 So.2d 863 (1963)

Charles E. HORNER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied March 6, 1963.

Attorney(s) appearing for the Case

Manners & Amoon, and Richard M. Gale, Miami, for appellant.

Richard W. Ervin, Atty. Gen., Herbert P. Benn, Asst. Atty. Gen., Richard E. Gerstein, State Atty., and Glenn C. Mincer, Asst. State Atty., for appellee.

Before PEARSON, TILLMAN, C.J., and HORTON and HENDRY, JJ.

HORTON, Judge.

The appellant, Charles E. Horner, seeks review of a judgment of conviction entered in the Criminal Court of Record for Dade County, Florida, pursuant to a jury verdict finding him guilty of the crime of extortion. A sentence of ten years' confinement in the state penitentiary followed. We affirm.

Section 836.05, Fla. Stat., F.S.A., provides:

"Whoever, either verbally or by a written or printed communication, maliciously threatens to...

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