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LIPKE v. COWART

No. 39632.

238 So.2d 645 (1970)

Gerald Wayne LIPKE, Petitioner, v. Joe A. COWART, Jr., Judge of the Court of Record, Brevard County, Florida, Respondent.

Supreme Court of Florida.

July 13, 1970.

Attorney(s) appearing for the Case

Noah C. McKinnon, Jr., of Howell, Kirby, Montgomery and D'Aiuto, Rockledge, for petitioner.

David M. Porter, County Solicitor, for respondent.

DREW, Acting Chief Justice.

We are requested to review a decision of the District Court of Appeal, Fourth District,1 because of an asserted conflict with an earlier decision of this Court in Adams v. Elliott,2 wherein this Court stated:

"Where a crime may be punished as a misdemeanor or as a felony, all doubts will be resolved in the defendant's favor and the crime will be considered a misdemeanor...

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