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WOLFE v. STATE

No. 42046.

271 So.2d 132 (1972)

Morriss WOLFE, Petitioner, v. The STATE of Florida, Respondent.

Supreme Court of Florida.

December 20, 1972.

Attorney(s) appearing for the Case

Mallory H. Horton, of Horton, Schwartz & Perse and Marco Loffredo, Miami, for petitioner.

Robert L. Shevin, Atty. Gen., and J. Robert Olian, Asst. Atty. Gen., for respondent.

PER CURIAM:

Direct conflict is asserted for review by certiorari of the decision of the Third District Court of Appeal at 256 So.2d 533 (Fla.App.3d 1972) with our holdings in Henderson v. State, 20 So.2d 649 (Fla. 1945); Rader v. State, 52 So.2d 105 (Fla. 1951), and Bolen v. State, 103 Fla. 22, 137 So. 8 (1931). Fla. Const. art. V, § 4(2), F.S.A.

We find conflict with Henderson...

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