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NELSON v. STATE

No. 63-85.

157 So.2d 96 (1963)

WILLIAM FREDERICK NELSON, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 13, 1963.

Attorney(s) appearing for the Case

McGovern, Weinstein & Turner, Miami Beach, for appellant.

Richard W. Ervin, Atty. Gen., and Herbert P. Benn. Asst. Atty. Gen., for appellee.

Before BARKDULL, C.J., and CARROLL and TILLMAN PEARSON, JJ.

PEARSON, TILLMAN, Judge.

William Frederick Nelson was found guilty of assault with intent to commit robbery and sentenced to ten years in the state prison. He has appealed and presents two points which raise (1) the sufficiency of the evidence to support the conviction, and (2) an alleged fatal variance between the information and the evidence.

The evidence conclusively establishes that Nelson, carrying a revolver in his shirt, attempted

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