PONS v. STATE

No. Q-409.

278 So.2d 336 (1973)

Herbert Allen PONS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied June 20, 1973.


Attorney(s) appearing for the Case

Robert A. Harper, Jr., Sp. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., Donald K. Rudser, Asst. Atty. Gen., for appellee.


NESBITT, Associate Judge.

The appellant seeks reversal from his judgment of conviction for the crime of escape from a prosecution under F.S. § 944.40, F.S.A.

Appellant contends he is entitled to reversal because of an alleged variance between the gravamen of the information to-wit that he escaped "the lawful custody of the Sheriff of Alachua County" and the evidence adduced showing that he escaped while under actual confinement of the municipal jailer...

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