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STATE v. GRAHAM

No. 39308.

238 So.2d 618 (1970)

The STATE of Florida, Petitioner, v. Joseph James GRAHAM, Respondent.

Supreme Court of Florida.

July 22, 1970.

Attorney(s) appearing for the Case

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

Fred C. Davant of Wicker, Smith, Pyszka, Blomqvist & Davant, Miami, for respondent.

ADKINS, Justice.

By petition for certiorari, we have for review a decision of the Third District Court of Appeal (Graham v. State, 229 So.2d 616), which allegedly conflicts with prior decisions of this Court (Ard v. State, 108 So.2d 38; Tidwell v. State, 143 Fla. 397, 196 So.2d 837; Hayward v. State, 152 Fla. 608, 12 So.2d 458) on the same point of the Fla. Const., art. V, § 4, F.S.A.

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