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CAMPBELL v. STATE

No. 39575.

240 So.2d 298 (1970)

Michael David CAMPBELL, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied November 17, 1970.

Attorney(s) appearing for the Case

Hughlan Long, Public Defender, and Lewis Kimler, Asst. Public Defender, for appellant.

Earl Faircloth, Atty. Gen., and Jesse J. McCrary, Jr., Asst. Atty. Gen., for respondent.

BOYD, Justice.

This cause is before us on appeal from the Criminal Court of Record, Dade County. That Court upheld the validity of Florida Statutes § 828.04, F.S.A., thereby vesting jurisdiction of the appeal in this Court under § 4 of Article V of the Florida Constitution, F.S.A.

Appellant Campbell was charged by Information with violating Florida Statutes § 828.04, F.S.A., which provides:

"Torturing or unlawfully punishing children...

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