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STATE v. JACKSON

No. 42320.

281 So.2d 353 (1973)

STATE of Florida, Petitioner, v. Bennie JACKSON and Henry Fisher, Respondents.

Supreme Court of Florida.

Rehearing Denied September 6, 1973.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., and Charles Corces, Jr., Asst. Atty. Gen., for petitioner.

W. Daniel Kearney, Asst. Public Defender, for respondents.

CARLTON, Chief Justice.

This case is before us on a petition by the State of Florida for a writ of certiorari to the District Court of Appeal, Second District. Since the opinion of the District Court in this cause, reported at 259 So.2d 739, conflicts with Perry v. State, 174 So.2d 55 (1st D.C.A.Fla. 1965), and Tavalaccio v. State, 59 So.2d 247 (Fla. 1952),...

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