STATE EX REL. DAWALT v. TURNER

No. 64-732.

168 So.2d 772 (1964)

STATE of Florida ex rel. Kenneth DAWALT, Petitioner, v. Honorable Jack M. TURNER, as Judge of the Criminal Court of Record in and for Dade County, Florida, Respondents.

District Court of Appeal of Florida. Third District.

Rehearing Denied December 8, 1964.


Attorney(s) appearing for the Case

James T. Gordon, Miami, for petitioner.

Richard E. Gerstein, State Atty., and Roy S. Wood, Asst. State Atty., for respondents.

Before BARKDULL, C.J., and CARROLL and HORTON, JJ.


CARROLL, Judge.

This is an original proceeding in prohibition directed to the criminal court of record of Dade County. The suggestion discloses that previously petitioner was charged with commission of a felony, on an information which alleged entry of a building without breaking with intent to commit petit larceny; that he was convicted thereon and appealed; and that this court reversed the conviction.1

Thereafter a corrected...

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