JOHNSON, Judge.
This case is before this court on appeal of the Order of the Criminal Court of Record of Duval County denying petition of the defendant to set aside judgment and sentence in a criminal case.
Defendant was informed against by the County Solicitor of Duval County on May 10, 1962, charging the defendant with two counts, namely:
(1) That the defendant did unlawfully and feloniously break and enter into a dwelling * * * with intent to commit...
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