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VAN COTT v. DRIVER

No. 70-731.

243 So.2d 457 (1971)

Talbot M. VAN COTT, Petitioner, v. Hon. B.J. DRIVER, Circuit Judge of the Sixth Judicial Circuit, Respondent.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 16, 1971.

Attorney(s) appearing for the Case

C.J. Abernathy, St. Petersburg, for petitioner.

Robert L. Shevin, Atty. Gen., Tallahassee, and Warren H. Petersen, Asst. Atty. Gen., Lakeland, for respondent.

LILES, Judge.

Petitioner was charged in July, 1970 with being in violation of Fla. Stat. § 790.23, F.S.A. (1969). The information specifically charged that petitioner Van Cott was convicted of the felony of forgery in 1953, and did at the present time unlawfully and feloniously have in his custody, possession and control, guns, in violation of Fla. Stat. § 790.23, F.S.A. (1969). Van Cott's motion to dismiss the information was denied, and he filed his petition...

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