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STATE v. SMITH

No. 41762.

260 So.2d 489 (1972)

STATE of Florida, Appellant, v. David Charles SMITH, Jr. and Alphonso Figgers, Appellees.

Supreme Court of Florida.

Rehearing Denied April 27, 1972.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for appellant.

Wilfred C. Varn, and E.C. Deeno Kitchen, Tallahassee, for appellees.

ON REHEARING GRANTED AND ORIGINAL OPINION WITHDRAWN

ADKINS, Justice.

This is a direct appeal from the decision of the District Court of Appeal, First District (State v. Smith and Figgers, 254 So.2d 402, which held that Fla. Stat. § 924.07(8), F.S.A., authorizing appeals by the State from pretrial orders is unconstitutional on the ground that the jurisdiction of the District Court to entertain such interlocutory appeals...

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