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STATE v. SELLERS

No. 73-25.

281 So.2d 397 (1973)

STATE of Florida, Appellant, v. Elmus R. SELLERS, Appellee.

District Court of Appeal of Florida, Second District.

August 17, 1973.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellant.

Edward D. Foreman, St. Petersburg, for appellee.

MANN, Chief Judge.

The trial court dismissed for factual insufficiency, under Cr.P.R. 3.190 (c)(4), 3 F.S.A., this charge of carrying a concealed weapon. We consider the question whether a pistol, the butt of which is exposed for about a quarter of an inch, could have been — (the jury will decide whether it was) — a concealed weapon within the meaning of Fla. Stat. § 790.01(2), F.S.A. We hold that the charge was improperly dismissed...

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