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STATE v. WARE

No. 70-903.

253 So.2d 145 (1971)

STATE of Florida, Appellant, v. Willie B. WARE, Appellee.

District Court of Appeal of Florida, Second District.

October 6, 1971.

Attorney(s) appearing for the Case

Frank Schaub, State's Atty., Bradenton, and Robert L. Shevin, Atty. Gen., Tallahassee, for appellant.

Walter R. Talley, Public Defender, Bradenton, for appellee.

PER CURIAM.

On October 1, 1970, an information was filed against appellee charging him with a violation of F.S. § 790.001(2), F.S.A. by carrying a concealed firearm, a 20 gauge shotgun, on his person. Defense counsel filed a motion to dismiss on the grounds that as per F.S. § 790.001(6),1 F.S.A. this particular firearm could not readily be converted to expel a projectile by the action of an explosive. The defendant had the shotgun...

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