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GUTIERREZ v. STATE

No. 64-128.

162 So.2d 686 (1964)

Jesus R. GUTIERREZ, Petitioner, v. The STATE of Florida, Respondent.

District Court of Appeal of Florida. Third District.

April 14, 1964.

Attorney(s) appearing for the Case

Walters, Moore & Costanzo and Arthur D. Deckelman, Miami, for petitioner.

Richard E. Gerstein, State Atty., and Joseph Durant, Asst. State Atty., for respondent.

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

TILLMAN PEARSON, Judge.

The petitioner, Jesus R. Gutierrez, was charged in the Criminal Court of Record in and for Dade County with unlawful possession of undersized salt water crawfish. The charge was "with a shell measurement of tail less than six (6) inches, in violation of Rule 3 of the Florida State Board of Conservation, Salt Water Fisheries Division, contrary to the form of the statute in such cases made and provided * * *". The petitioner-defendant was tried...

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