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STATE v. BUCHANAN

No. 66-414.

189 So.2d 270 (1966)

The STATE of Florida, Appellant, v. T.A. BUCHANAN, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied August 30, 1966.

Attorney(s) appearing for the Case

Earl Faircloth, Atty. Gen., and Herbert P. Benn, First Asst. Atty. Gen., Richard E. Gerstein, State's Atty., and Joseph Durant, Asst. State's Atty., for appellant.

Horton & Schwartz, Harry Prebish, Miami, for appellee.

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

PER CURIAM.

This is an appeal by the State from an order of the Criminal Court of Record for Dade County, Florida, which quashed counts numbered two through nine of a ten-count information. The appellee, T.A. Buchanan, was the elected Sheriff of Dade County on the date the information was filed. The State urges that the eight counts, which were dismissed, charged the appellee with a crime, punishable with the same penalty as perjury, pursuant to section 104.27(7)...

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