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STATE v. McKINNEY

No. 37366.

212 So.2d 761 (1968)

STATE of Florida, Petitioner, v. Robert Warner McKINNEY, Respondent.

Supreme Court of Florida.

July 17, 1968.

Attorney(s) appearing for the Case

Earl Faircloth, Atty. Gen., Reeves Bowen, Asst. Atty. Gen., Richard E. Gerstein, State Atty., and Charles D. Edelstein, Asst. State Atty., for petitioner.

Bernard A. Frank, Miami Beach, for respondent.

ADAMS, Justice.

Our jurisdiction of this case is predicated upon a certificate of the Third District Court of Appeal wherein the State had taken an appeal from an interlocutory order and defendant filed cross assignments of error attacking the same order from which the State was appealing.

The State moved to strike the cross assignments of error. The District Court of Appeal entered the following ruling:

"This cause having come on for hearing on appellant...

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