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HARRELL v. STATE

No. 35790.

197 So.2d 505 (1967)

Benjamin Rivers HARRELL, Petitioner, v. The STATE of Florida, Respondent.

Supreme Court of Florida.

April 5, 1967.

Attorney(s) appearing for the Case

Engel & Pollack, Miami, for petitioner.

Earl Faircloth, Atty. Gen., and Barry N. Semet, Asst. Atty. Gen., for respondent.

DREW, Justice.

Petition for certiorari in this cause controverts an order of the district court dismissing an appeal from a judgment of conviction upon motion by the state showing appellant had pursued a motion for new trial after filing notice of appeal. Jurisdiction of this Court is based upon conflict with State ex rel. Faircloth v. The District Court of Appeal, Fla. 1966, 187 So.2d 890.

We conclude upon review of the...

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