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COWART v. STATE

No. R-23.

277 So.2d 821 (1973)

Donald COWART and John Wayne Cowart, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied June 15, 1973.

Attorney(s) appearing for the Case

Louis O. Frost, Jr., Public Defender, Steven E. Rohan, Asst. Public Defender, and Donald Cowart and John Wayne Cowart, in pro. per.

Robert L. Shevin, Atty. Gen., and A.S. Johnston, Asst. Atty. Gen., for appellee.

JOHNSON, Judge.

This is an appeal from judgments pursuant to jury verdicts of guilty. We are confronted with, at first blush, what appears to be conflicting sections of Florida Statutes, and the interpretations thereof by the Supreme Court of Florida.

In Brown v. State, 206 So.2d 377 (1968), the Supreme Court of Florida, speaking through Justice Thornal, said, inter alia:

...

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