DAVIS v. STATE

No. 68-267.

215 So.2d 626 (1968)

Ellas DAVIS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

November 12, 1968.


Attorney(s) appearing for the Case

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

Earl Faircloth, Atty. Gen., and Melvin Grossman, Asst. Atty. Gen., for appellee.

Before PEARSON, BARKDULL and SWANN, JJ.


PEARSON, Judge.

Davis appeals from a judgment of conviction of unlawful possession of a pistol by a convicted felon in violation of § 790.23 (1), Fla. Stat., F.S.A.1 He urges us to reverse the judgment because the state did not prove that he violated § 790.23(1), since the record shows conclusively that he was in possession of a revolver, not a pistol.

We hold that the word "pistol" in § 790.23(1) is a generic word...

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