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STATE v. EVERLY

No. 69-276.

228 So.2d 923 (1969)

STATE of Florida, Appellant, v. Jerry EVERLY et al., Douglas Binney, Tommy Byrd, David Cassey, Louise Galasso, Allen Gray, Phyllis Gray, Delton High, Paul Horrell, Richard Payne, Barry Rowland, Laurel Stevenson, Michael Tyson, Roger Wilder and Ladye Williamson, Appellees.

District Court of Appeal of Florida. Fourth District.

Rehearings Denied January 9, 1970.

Attorney(s) appearing for the Case

Earl Faircloth, Atty. Gen., Tallahassee, and J. Terrell Williams, Asst. Atty. Gen., West Palm Beach, for appellant.

F. Hartselle Baker and Hubert W. Williams, of Robertson & Williams, Orlando, for appellee Williamson.

H. James Brett, Orlando, for appellee Horrell.

Orville Johnson III, Altamonte Springs, for appellee Everly.

Edward R. Kirkland, Orlando, for appellee Galasso.

McCAIN, Judge.

By circumstance a search warrant issued out of the Criminal Court of Record for Orange County, together with the evidence seized thereunder became subject to scrutiny by a justice of the peace conducting a preliminary hearing on charges of possession of marijuana.

In beau-ideal fashion the warrant was quashed, evidence suppressed and charges dismissed against the defendants, now appellees herein.

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