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PROUGH v. STATE

No. 69-327.

228 So.2d 629 (1969)

Carl O. PROUGH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Second District.

December 12, 1969.

Attorney(s) appearing for the Case

Robert E. Jagger, Public Defender, and William F. Casler, Asst. Public Defender, Clearwater, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and Michael N. Kavouklis, Asst. Atty. Gen., Lakeland, for appellee.

PER CURIAM.

The trial judge recognized the requirement of Lampley v. State, Fla.App. 1968, 214 So.2d 515, that there be evidence of scienter in a prosecution for uttering a forged instrument, but entered judgment of conviction after verdict because that case had not been followed in the Second District. We approve the language of Judge Charles Carroll's opinion in that case and accordingly reverse and remand with directions to discharge...

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