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GARDNER v. STATE

No. 64-410.

170 So.2d 461 (1965)

Monte GARDNER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

January 12, 1965.

Attorney(s) appearing for the Case

Irwin Gars, Miami, and Harvey J. St. Jean, Miami Beach, for appellant.

Earl Faircloth, Atty. Gen., for appellee.

Before CARROLL, TILLMAN PEARSON and HENDRY, JJ.

TILLMAN PEARSON, Judge.

The appellant was charged in two separate counts with: (1) assault with a deadly weapon, to-wit: a pistol, upon Lowarl Hughes with intent to commit murder in the first degree, and (2) assault with a deadly weapon, to-wit: a pistol, upon Lowarl Hughes with intent to commit a felony, to-wit: robbery. The jury found the appellant guilty of aggravated assault as to Count One and guilty as charged as to...

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