KEESEE v. STATE

No. 1139.

204 So.2d 925 (1967)

John W. KEESEE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Fourth District.

Rehearing Denied January 12, 1968.


Attorney(s) appearing for the Case

W.D. Frederick, Jr., Public Defender, and William B. Barnett, Asst. Public Defender, Orlando, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and Charles W. Musgrove and James T. Carlisle, Asst. Attys. Gen., Vero Beach, for appellee.


McCAIN, Judge.

Defendant, John W. Keesee, appeals a judgment of guilty and sentence for the crime of "Obtaining Central Nervous System Stimulant by Fraud." We reverse.

Defendant was charged by an information captioned "OBTAINING CENTRAL NERVOUS SYSTEM STIMULANT BY FRAUD" under F.S.A. § 404.02(8). The body of the information, however, alleged that defendant had obtained "a narcotic drug, to-wit: `Terpin Hydrate and Codiene [sic] Elixir N.F.' * * * by fraud...

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