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FRANKLIN v. STATE

Nos. 40758, 40757.

257 So.2d 21 (1971)

Alva Gene FRANKLIN, Appellant, v. STATE of Florida, Appellee. Stephen F. Joyce, Appellant, v. State of Florida, Appellee.

Supreme Court of Florida.

December 17, 1971.

Attorney(s) appearing for the Case

Walter R. Talley, Public Defender, for appellants.

Robert L. Shevin, Atty. Gen., and P.A. Pacyna, Asst. Atty. Gen., for appellee.

PER CURIAM:

We here consider these consolidated appeals transferred by the District Court of Appeal, Second District,1 243 So.2d 440, because the trial judge passed upon and upheld the constitutionality of Fla. Stat. § 800.01, F.S.A., reading as follows:

"Whoever commits the abominable and detestable crime against nature, either with mankind or with beast, shall be punished by imprisonment...

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