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COUNTY OF DADE v. MOLONY

No. 64-898.

175 So.2d 238 (1965)

COUNTY OF DADE, State of Florida, Petitioner, v. Francis A. MOLONY, Respondent.

District Court of Appeal of Florida. Third District.

Rehearing Denied June 8, 1965.

Attorney(s) appearing for the Case

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

Thomas J. Gaine, Miami, for respondent.

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

BARKDULL, Chief Judge.

This is a certiorari proceeding wherein the petitioner has filed its petition, seeking to have a certain portion of an order of the circuit court quashed, which reversed in part a conviction in the Metropolitan Court of Dade County, Florida.

It appears that the respondent herein was charged [in one complaint in the Metropolitan Court] with careless driving and driving while under the influence of an intoxicating

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