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PURDY v. MULKEY

No. 69-277.

228 So.2d 132 (1969)

E. Wilson PURDY, As Sheriff and Director of the Public Safety Department of Dade County, Florida, Appellant, v. Adrian MULKEY, J.F. McCracken As Clerk of the Criminal Court of Record for Dade County, Florida, Jack Turner, Edward S. Klein, Carling Stedman, and Paul Baker, As Judges of the Criminal Court of Record of Dade County, Appellees.

District Court of Appeal of Florida. Third District.

November 12, 1969.

Attorney(s) appearing for the Case

Thomas C. Britton, County Atty., and Joseph D. Komansky, Asst. County Atty., for appellant.

Richard E. Gerstein, State's Atty., and Charles D. Edelstein, Asst. State's Atty., Ralph H. Bearden, Jr., Miami, and Hubbard & Hickey, Coral Gables, for appellees.

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

CHARLES CARROLL, Judge.

Adrian Mulkey, the appellee, was arrested in September of 1959, and was informed against, charged with the crime of attempt to commit petit larceny, a misdemeanor. Upon arrest he was fingerprinted and photographed by the sheriff, and copies of the fingerprints were sent to the federal bureau of investigation. In so doing the sheriff acted under the authority and direction of a statute then in effect...

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