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STATE v. BERNARD

No. 70-884.

254 So.2d 38 (1971)

The STATE of Florida, Appellant, v. Richard BERNARD, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 17, 1971.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Richard E. Gerstein, State Atty., and Milton Robbins, Asst. State Atty., for appellant.

Myron Mike Gold, Miami, for appellee.

Before PEARSON and HENDRY, JJ., and MANN, ROBERT T., Associate Judge.

HENDRY, Judge.

This is an appeal by the state from an order of the Criminal Court of Record of Dade County, Florida, dismissing an information on the ground of former jeopardy. The appellee has cross assigned as error the granting of the motion for continuance.

It appears that on May 6, 1969, the defendant, Richard Bernard was charged with unlawful sale of heroin and the unlawful possession of heroin. He entered a...

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