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EDMOND v. STATE

No. 71-596.

280 So.2d 449 (1973)

Ellis EDMOND, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 27, 1973.

Attorney(s) appearing for the Case

James R. Pierce, Director, Legal Aid and Defender Clinic, Gainesville, and Steven L. Sagrans and David A. Schmudde, Law Interns, for appellant.

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

MANN, Chief Judge.

We consider the rule to be that if all the counts are good, and such as on which judgment can be awarded, and the evidence warrants the conviction, to pass judgment on the count charging the highest grade of offence; ...

Cribb v. State, 1861, 9 Fla. 409, 416.

For more than a century the Supreme Court of Florida has adhered with constancy, with the single apparent exception...

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