STATE v. DIAMOND

No. 34881.

188 So.2d 788 (1966)

STATE of Florida, Appellant, v. J. Leonard DIAMOND, Appellee.

Supreme Court of Florida.

July 6, 1966.


Attorney(s) appearing for the Case

Earl Faircloth, Atty. Gen., George R. Georgieff, Asst. Atty. Gen., Richard E. Gerstein, State's Atty., and Joseph Durant and Roy S. Wood, Asst. State's Attys., for appellant.

Max B. Kogen, Miami, for appellee.

Donald Feldman, Miami, amicus curiae.


PER CURIAM.

The basic question involved in this motion to dismiss the State's appeal taken pursuant to the provisions of F.S. Section 924.07, F.S.A., is whether the order of September 3rd, 1965, the pertinent portions of which read as follows, viz.:

"THIS CAUSE having come on for hearing upon the Defendant's Motion to Quash the Information, and the Court having heard arguments of respective counsel for the Defendant and the State, * * *, it is thereupon<...

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