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McINTOSH v. STATE

No. 67-784.

211 So.2d 256 (1968)

Leroy McINTOSH, Jimmy Lee Hampton, Jim Floyd Blair, Appellants, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

June 4, 1968.

Attorney(s) appearing for the Case

Robert L. Koeppel, Public Defender, and Phillip A. Hubbart, Asst. Public Defender, for appellants.

Earl Faircloth, Atty. Gen. and Jesse J. McCrary, Jr., Asst. Atty. Gen., for appellee.

Before CHARLES CARROLL, C.J., and HENDRY and SWANN, JJ.

PER CURIAM.

The appellants herein were charged with the crimes of breaking and entering a building with intent to commit a felony, to-wit, grand larceny, and grand larceny. They waived trial by jury; were tried by the judge who found them guilty of larceny but not guilty of breaking and entering with intent to commit a felony.

On appeal they argue that their verdicts and sentences should be reversed because the state...

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