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BARKER v. STATE

No. 4278.

159 So.2d 676 (1964)

Clyde A. BARKER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Second District.

January 15, 1964.

Attorney(s) appearing for the Case

Joseph G. Spicola, Jr., Public Defender, Tampa, for appellant.

Richard W. Ervin, Atty. Gen., Tallahassee, and Robert R. Crittenden, Asst. Atty. Gen., Lakeland, for appellee.

PER CURIAM.

This appeal is under the appellant's motion to vacate or set aside judgment and sentence pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 App. In view of the fact that we have already passed upon similar questions, suffice it to say that on the appellant's appeal the Criminal Court of Record is reversed upon authority of King v. State, Fla.App. 1963, 157 So.2d 440; Keur v. State, Fla.App. 1963,

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