SWINNEY v. STATE

No. 4236.

166 So.2d 451 (1964)

Leslie Stanley SWINNEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied August 5, 1964.


Attorney(s) appearing for the Case

Robert E. Jagger, Public Defender, Clearwater, for appellant.

James W. Kynes, Atty. Gen., Tallahassee, and Robert R. Crittenden, Asst. Atty. Gen., Lakeland, for appellee.


ALLEN, Acting Chief Judge.

This opinion was originally written as a dissent to Judge Shannon's opinion reversing the lower court's denial of relief under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix. Upon the concurrence of Judge Willis, it now becomes the majority opinion.

The appellant, at the time he was arraigned1 apparently had counsel, and even if counsel was not with him on such occasion, he plead not guilty. Appellant...

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