DIAZ v. STATE

No. 6096.

181 So.2d 351 (1965)

Savino DIAZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied January 13, 1966.


Attorney(s) appearing for the Case

G. Richard Christ, Tampa, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and Robert G. Stokes, Asst. Atty. Gen., Lakeland, for appellee.


HOBSON, Judge.

This is an appeal by the appellant-defendant from a judgment of guilty for the crime of possession of a narcotic drug, to-wit: marijuana.

The sole question involved in this appeal is whether it was within the court's province to determine if the arrest of the defendant was legal, thereby making the subsequent search and seizure valid when there was a conflict in the testimony as to whether the arrest resulted from "fresh pursuit."

There...

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