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FITZGERALD v. STATE

No. 69-101.

227 So.2d 45 (1969)

Harry Joseph FITZGERALD, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

October 14, 1969.

Attorney(s) appearing for the Case

Essen & Essen, Miami, for appellant.

Earl Faircloth, Atty. Gen., and Harold Mendelow, Asst. Atty. Gen., for appellee.

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

PEARSON, Chief Judge.

The appellant was adjudicated guilty after a jury trial in the Criminal Court of Record in and for Dade County, Florida, (1) of breaking and entering a building with intent to commit a misdemeanor (petit larceny), and (2) of petit larceny. On this appeal we are concerned only with the breaking and entering judgment.1 Two points are presented. The first urges that the conviction...

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