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STATE v. EMANUEL

No. 3797.

153 So.2d 839 (1963)

STATE of Florida, Appellant, v. Jack L. EMANUEL, Appellee.

District Court of Appeal of Florida. Second District.

May 31, 1963.

Attorney(s) appearing for the Case

James M. Russ, County Sol., Orlando, Richard W. Ervin, Atty. Gen., Tallahassee, Robert R. Crittenden, Asst. Atty. Gen., Lakeland, for appellant.

Edward R. Kirkland, Orlando, for appellee.

WHITE, Judge.

The State of Florida appeals an order quashing an information charging Jack L. Emanuel with (1) breaking and entering with intent to commit a felony and (2) grand larceny. The questions presented on appeal are whether prosecution was begun within the statutory limit of two years from the date of the alleged non-capital offenses1 and whether there was a fatal variance in allegations of ownership of the involved properties...

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